Western Coal & Mining Co. v. Petty
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Arkansas. Petty brought an action against the Western Coal & Mining Company and the St. Louis, Iron Mountain & Southern Railway Company to recover damages claimed to have been caused by their joint trespass upon his lands. The ■coal company answered, specifically denying the trespass, and also alleging that Petty’s cause of action was barred by the statute of limitations.
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In Error to the Circuit Court of the United States for the Western District of Arkansas. Petty brought an action against the Western Coal & Mining Company and the St. Louis, Iron Mountain & Southern Railway Company to recover damages claimed to have been caused by their joint trespass upon his lands. The ■coal company answered, specifically denying the trespass, and also alleging that Petty’s cause of action was barred by the statute of limitations. The ■cause was dismissed as to the railway company for want of jurisdiction. Subsequently Petty brought an action for the same trespass in the…
1Opinion of the CourtHook, Circuit Judge
It is the general rule that the prevailing party in an action at law in a court of the United States is entitled as a matter of right to a judgment for costs. It must be admitted, however, that there is some question whether the acts of Congress so provide definitely and specifically. The nearest approach to a positive rule is found in section 983 of the Revised Statutes [U. S. Comp. St. 1901, p. 706], which provides that “the bill of fees of the clerk, marshal and attorney and the amount paid printers and witnesses * * * in cases where by law costs are recoverable in favor of the prevailing…
2Cases cited16 opinions
- Russell v. FarleySupreme Court of the United States · 1882
- Citizens' Bank v. CannonSupreme Court of the United States · 1896
- Canter v. American InsuranceSupreme Court of the United States · 1830
- Du Bois v. KirkSupreme Court of the United States · 1895
- Paper-Bag MacHine Co. v. NixonSupreme Court of the United States · 1882
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3Cited by7 opinions
- United States v. Minneapolis, St. P. & S. S. M. Ry. Co.District Court, D. Minnesota · 1916
- United States v. Southern Pac. Co.U.S. Circuit Court for the District of Oregon · 1909
- Dillard v. YeldellDistrict of Columbia Court of Appeals · 1975
- Harlan Coal Co. v. North American Coal Corp.District Court, N.D. Ohio · 1929
- Vaughan v. McArthur Bros.Court of Appeals for the Eighth Circuit · 1915
2 more not listed; retrieve them via the Exa API.