Wolf v. Connecticut Mut. Life Ins.
U.S. Circuit Court for the District of Eastern Michigan
On the mutual application of the parties for directions to the clerk as to taxation of costs. This cause was commenced in the circuit court for the county of Wayne, in this state, and after issue and one continuance in that court, the cause was removed to this court by the defendant, under and in pursuance of the acts of congress in such cases made and provided.
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On the mutual application of the parties for directions to the clerk as to taxation of costs. This cause was commenced in the circuit court for the county of Wayne, in this state, and after issue and one continuance in that court, the cause was removed to this court by the defendant, under and in pursuance of the acts of congress in such cases made and provided. After sundry proceedings had in the case in this court, unnecessary to mention here, the plaintiff [Helena Wolf], discontinued her suit, and judgment was entered against her for costs to be taxed. The defendant now brings its bill of…
1Opinion of the Court
LONGYEAR, District Judge.
A suit removed from a state court comes into this court impressed with all the rights and liabilities of parties as to costs which accrued or attached by the laws of the state while the suit remained in the state court. Acts of congress prescribing what costs may or may not be taxed apply only to such costs as accrue after the removal has become complete and this court is invested with jurisdiction.
In the state court, in ease of discontinuance, the defendant would be entitled by the state laws to all his costs made up to that time, and I think this court is bound, in…
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