In re Mealy
District Court, N.D. New York
A creditor had obtained an order for the examination of the bankrupt [Stephen A. Mealy] and other witnesses in respect to the property, &e.. of the bankrupt, and upon that examination it was insisted by the bankrupt that the creditor was bound to pay not only the register’s fees for the direct examination of such bankrupt and witnesses, but also fees charged for taking down the statement of the bankrupt on the so-called cross-examination of the bankrupt by his own counsel,…
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A creditor had obtained an order for the examination of the bankrupt [Stephen A. Mealy] and other witnesses in respect to the property, &e.. of the bankrupt, and upon that examination it was insisted by the bankrupt that the creditor was bound to pay not only the register’s fees for the direct examination of such bankrupt and witnesses, but also fees charged for taking down the statement of the bankrupt on the so-called cross-examination of the bankrupt by his own counsel, and the fees for taking down the bankrupt’s cross-examination of the witnesses produced and examined by the creditor. The…
1Opinion of the Court
HALL, District Judge.
The general rule in regard to the payment of the fees of officers of the court undoubtedly is that such fees must be paid, in the first instance, by the party or persons for whom the service is performed; subject, of course, in respect to the party upon whom the burden shall ultimately rest, to the decree or judgment of the court upon the final disposition of the case. This rule is applicable in its full force to the case above presented, and the creditor is only bound to pay the expenses of his own examination of the bankrupt and the direct examination of the witnesses…
2Cases cited1 opinion
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1835
3Cited by1 opinion
- Berhaus v. GeorgeannaDistrict Court, S.D. New York · 1887