Legal Opinion
In re Standard Oil Co.
District Court, S.D. New York
Decided June 6, 1922Published
1Opinion of the Court
LEARNED HAND, District Judge.
The commissioner must file his report without holding it back for his fees. This is indicated by our local rule (admiralty ride No. 26), though not there definitely stated. It follows from Supreme Court admiralty rule No. 43 (267 Fed. xvii), which assimilates commissioners in admiralty to masters in chancery. Supreme Court equity rule No. 68 (198 Fed. xxxviii, 115 C. C. A. xxxviii) requires a master to filé his report, and gives him as his only remedy attachment against the party who is ordered to pay his compensation. Therefore neither party is “initially”…
2Cases cited5 opinions
- Metropolitan S. S. Co. v. VanderbiltCourt of Appeals for the First Circuit · 1896
- The W. A. ShermanCourt of Appeals for the Second Circuit · 1909
- The Merrill C. HartCourt of Appeals for the Second Circuit · 1911
- Kiernan v. The Leonard RichardsDistrict Court, D. New Jersey · 1890
- The Doris EckhoffDistrict Court, S.D. New York · 1890