Motion Picture Patents Co. v. Steiner
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Southern District of New York; C. M. Hough, Judge. Suits by the Motion Picture Patents Company against William Steiner and others and against the Yankee Film Company. From so much of a final decree dismissing the bills in each case as awarded an additional allowance of $150 costs in each case (192 Fed. 134), complainant appeals.
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Appeals from the District Court of the United States for the Southern District of New York; C. M. Hough, Judge. Suits by the Motion Picture Patents Company against William Steiner and others and against the Yankee Film Company. From so much of a final decree dismissing the bills in each case as awarded an additional allowance of $150 costs in each case (192 Fed. 134), complainant appeals. The appeals in the above-entitled actions are taken for the sole purpose of reviewing final decrees dismissing the bills with costs and an additional sum of $150 in each case. The decrees contain the…
1Opinion of the Court
COXE, Circuit Judge.
[ 1 ] These appeals present the single question whether, under section 982 of the Revised Statutes (U. S. Comp. St. 1901, p. 706), the court has- power on final decree to award an additional allowance to the prevailing party who has been put to “considerable annoyance and expense” by reason of the prolonged examination of witnesses by his adversary’s counsel. The only allegation upon which the award is based is found in the affidavit of defendant’s counsel and is to the effect that defeildant was put “to considerable expense in attending and cross-examining the witnesses…
2Cases cited1 opinion
- In re Michigan Cent. R. Co.Court of Appeals for the Sixth Circuit · 1903
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- Federal Trade Commission v. Alaska Land Leasing, Inc., and Sheldon Jaffe, Receiver/appellee v. Malcolm Kelso and Gregory WilsonCourt of Appeals for the Ninth Circuit · 1986
- Toledo Metal Wheel Co. v. Foyer Bros. & Co.Court of Appeals for the Sixth Circuit · 1915
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