The Bay City
District Court, E.D. Michigan
In Admiralty. This was a suit brought by the owners of the barge Boseobel against the owners of the tug Bay City, to recover for the loss of the barge through the alleged negligence of the tug. On the day assigned for trial the case was called and the master of the barge put upon the stand.
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In Admiralty. This was a suit brought by the owners of the barge Boseobel against the owners of the tug Bay City, to recover for the loss of the barge through the alleged negligence of the tug. On the day assigned for trial the case was called and the master of the barge put upon the stand. Upon the conclusion of his testimony the court intimated the opinion that he had made no case against the tug, but leave was granted to the libellants to put in further testimony if they áaw fit. After the evidence upon both sides had been concluded libellant discontinued his suit. Claimants now insist…
1Opinion of the Court
Brown, D. J.
By Revised Statutes, § 824, there is taxable in favor of the prevailing party, “on a trial before a jury, or on a final hearing in equity or admiralty, ” a docket fee of $20. A practice has heretofore prevailed in this district of taxing this fee only upon the termination of the suit by a judgment or decree. The precise question does not seem to have arisen in any reported case. Upon reflection, however, I think the fee is taxable, whenever the trial is entered upon by the swearing of a jury in a common-law case, or by the introduction of testimony or the final opening of the…
2Cited by5 opinions
- The Gordon CampbellDistrict Court, W.D. New York · 1904
- Howler v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1909
- The BluefieldsDistrict Court, S.D. Alabama · 1921
- Carter v. SweetU.S. Circuit Court for the District of Southern California · 1897
- United States v. Wright's PillsDistrict Court, D. Puerto Rico · 1915