Jerman v. Stewart
United States Circuit Court
Motion to Retax Costs. ■ In the taxed bill of costs the following items are excepted to by the defendant as improperly allowed by the clerk, viz.: Fees of W. W. Thompson, justice of the peace, for taking depositions, $9; and of J. W; Wilson, justice of the peace, for like services, $6.04; and of James Fentress, Jr., clerk of the state court, for certified transcript, $9.25; and the attorney’s docket fees for 25 depositions, at $2.50 each, $62.50. The depositions were used…
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Motion to Retax Costs. ■ In the taxed bill of costs the following items are excepted to by the defendant as improperly allowed by the clerk, viz.: Fees of W. W. Thompson, justice of the peace, for taking depositions, $9; and of J. W; Wilson, justice of the peace, for like services, $6.04; and of James Fentress, Jr., clerk of the state court, for certified transcript, $9.25; and the attorney’s docket fees for 25 depositions, at $2.50 each, $62.50. The depositions were used under the following agreement of counsel: “It is agreed in this case that the depositions of witnesses heretofore taken in…
1Opinion of the Court
HamMond, D. J.
The act of congress of February 26, 1853, c. 80, (10 St. at Large, 161; Rev. St. § 823 et seq.,) makes no provision for fees or compensation to other officers or persons than attorneys, district attorneys, clerks of the United States courts, marshals, commissioners, witnesses, jurors, and printers. The next chapter of the Revised Statutes regulates the subject of evidence, and provides for taking depositions where that mode of proof is permitted; but while section 863 authorizes any judge of any court of the United States, *273or any commissioner of a circuit court, or any clerk of…
2Cases cited17 opinions
- The BaltimoreSupreme Court of the United States · 1869
- United States v. RinggoldSupreme Court of the United States · 1834
- The AntelopeSupreme Court of the United States · 1827
- Troy Iron & Nail Factory v. CorningU.S. Circuit Court for the District of Northern New York · 1869
- Costs in Civil CasesU.S. Circuit Court for the District of Southern New York · 1852
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- British & South American Steam Navigation Co. v. Delaware, L. & W. R.District Court, S.D. New York · 1912
- Martinez v. Paul Taylor Brown Co.District Court, D. Puerto Rico · 1913