Kell v. Trenchard
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of North Carolina. This is the second appeal from the United States Circuit Court for the Eastern District of North Carolina, at Raleigh, in the equity cause therein depending wherein W. B: Trenchard and others were plaintiffs and F. Kell was defendant, the original appeal taken by the defendant in the court below having been decided by this court on the 9th day of November, 1905 (142 Fed. 116) ; the…
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Appeal from the Circuit Court of the United States for the Eastern District of North Carolina. This is the second appeal from the United States Circuit Court for the Eastern District of North Carolina, at Raleigh, in the equity cause therein depending wherein W. B: Trenchard and others were plaintiffs and F. Kell was defendant, the original appeal taken by the defendant in the court below having been decided by this court on the 9th day of November, 1905 (142 Fed. 116) ; the present appeal by the same appellant, the defendant in the court below, being from the decree of the latter court…
1Opinion of the Court
W ADD ILL, District Judge.
The sole question presented by this appeal arises upon the taxation of costs by the lower court in carrying out the decree and mandate of this court in the former appeal; the opinion and judgment of this court prescribing that the costs of the cause in both this and the lower court should be borne equally between the appellant and the appellees. In the taxation of costs pursuant to this direction, the lower court by the decree appealed from included the allowance to the receiver as a part of the costs properly to be divided, and which action forms the basis of this…
2Cases cited5 opinions
- Ferguson v. DentU.S. Circuit Court for the District of Western Tennessee · 1891
- In re Michigan Cent. R. Co.Court of Appeals for the Sixth Circuit · 1903
- Primrose v. FennoU.S. Circuit Court for the District of Massachusetts · 1902
- Elk Fork Oil & Gas Co. v. FosterCourt of Appeals for the Fourth Circuit · 1900
- Tesla Electric Co. v. ScottU.S. Circuit Court for the District of Eastern Pennsylvania · 1900
3Cited by14 opinions
- Gold Dust Corporation v. HoffenbergCourt of Appeals for the Second Circuit · 1937
- Duke Power Co. v. Greenwood CountyCourt of Appeals for the Fourth Circuit · 1937
- Stallo v. WagnerCourt of Appeals for the Second Circuit · 1917
- Atwood v. Prairie Village, Inc.Indiana Court of Appeals · 1980
- The Eva D. RoseCourt of Appeals for the Fourth Circuit · 1908
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