Coy v. Perkins
U.S. Circuit Court for the District of Massachusetts
Appeal from the clerk’s taxation of costs in a suit in equity allowing a docket fee of $20 to the defendant’s solicitor under these circumstances : At the term at which the case was entered, the parties appeared by their solicitors, and the defendant filed a demurrer to the hill. After the case had been continued for several terms, the plaintiff caused this entry to he made upon the docket: “Bill dismissed by direction of complainant.”
Read the full summary
Appeal from the clerk’s taxation of costs in a suit in equity allowing a docket fee of $20 to the defendant’s solicitor under these circumstances : At the term at which the case was entered, the parties appeared by their solicitors, and the defendant filed a demurrer to the hill. After the case had been continued for several terms, the plaintiff caused this entry to he made upon the docket: “Bill dismissed by direction of complainant.” The clerk stated bis reasons for the allowance as follows: “I based my decision solely upon the practice of the clerk’s office, under which an attorney fee of…
1Opinion of the Court
Gray, Justice.
The fee bill allows to the attorney of a prevailing party, in cases, on the common-law side of the court, a docket fee of $20 on a* trial by a jury or before referees; of $10, when judgment is entered without á jury; and of $5 when the case is- discontinued. And the only provision that if makes for a similar fee to solicitors in equity, or to proctors in admiralty, is of the largest of these sums “on a final hearing,” which 'it classes with a trial by a jury, or before referees at common law. Rev. St. §§ 823, 824.
We are of opinion that upon the face of the statute the intention…
2Cases cited42 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- The BaltimoreSupreme Court of the United States · 1869
- National Bank v. WhitneySupreme Court of the United States · 1881
- Canter v. American InsuranceSupreme Court of the United States · 1830
- Bridges v. SheldonUnited States Circuit Court · 1880
37 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Black Diamond Coal-Min. Co. v. The H. C. GradyDistrict Court, N.D. California · 1898
- Peck v. RichterCourt of Appeals for the Eighth Circuit · 1914
- The DwinskDistrict Court, S.D. New York · 1915
- Barron v. The Mount EdenDistrict Court, N.D. California · 1898
- Hobson v. Lady Drake, Ltd.District Court, E.D. New York · 1932
3 more not listed; retrieve them via the Exa API.