Legal Opinion

Devost v. Twin State Gas & Electric Co.

Court of Appeals for the First Circuit

Decided June 6, 1918No. Nos. 1297, 1298PublishedCited by 6 opinions

In Error to the District Court of the United States for the District of New Hampshire; Edgar Aldrich, Judge. On petition for limited rehearing.

1Opinion of the Court

BROWN, District Judge.

By petition for a" limited rehearing, Joseph O. A. Devost, plaintiff below, seeks to review the order of this court so far as it directs the District Court to enter judgment for costs of that court.

Section 37 of the Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1098 [Comp. St. 1916, § 1019]), by its express terms, is applicable equally to suits commenced in a District Court and to suits removed from a state court, and concludes, “and shall make such order as to costs as shall be just.”

In Mansfield, C. & L. M. Ry. Co. v. Swan, 111 U. S. 379, 4 Sup. Ct. 510, 28 L. Ed.…

2Cases cited8 opinions

  1. Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
  2. Mayor v. CooperSupreme Court of the United States · 1868
  3. Citizens' Bank v. CannonSupreme Court of the United States · 1896
  4. McIver v. WattlesSupreme Court of the United States · 1824
  5. Robinson v. AndersonSupreme Court of the United States · 1887

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3Cited by6 opinions

  1. In Re Northern Indiana Oil Co. Moore v. FletcherCourt of Appeals for the Seventh Circuit · 1951
  2. Benitez v. Bank of Nova ScotiaCourt of Appeals for the First Circuit · 1940
  3. The Commercial GuideDistrict Court, W.D. Washington · 1927
  4. In re SnowdenDistrict Court, N.D. California · 1929
  5. Burleson v. Coastal Recreation, Inc.Court of Appeals for the Fifth Circuit · 1978

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