Stallo v. Wagner
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Edmund K. Stallo against Petro E. Wagner, as receiver of the Mt. Vernon National Bank. On appeal by complainant from orders taxing costs.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Edmund K. Stallo against Petro E. Wagner, as receiver of the Mt. Vernon National Bank. On appeal by complainant from orders taxing costs. This cause comes here on appeal from certain orders of the United States District Court for the Southern District of New York, which orders were dated respectively August 30, 1916, and October 10, 1916. The complainant brought an action in the District Court for an accounting of certain transactions alleged to have been had between complainant and…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The question which counsel ask the court to determine in this case is whether in an equity suit the amount paid by defendant for a copy of the stenographer’s minutes furnished him for use on the trial can be taxed as a part of the costs. The amount involved, $432.90, is not large, but the principle is important.
Costs were not recoverable eo nomine at common law. It is said, therefore, that costs can be imposed at least in law cases, only where there is statutory authority therefor. Stevens v. Boston Central National Bank, 168 N. Y. 560, 61 N. E. 904; Alger…
2Cases cited30 opinions
- Canter v. American InsuranceSupreme Court of the United States · 1830
- Du Bois v. KirkSupreme Court of the United States · 1895
- Bathgate v. IrvineCalifornia Supreme Court · 1899
- Stevens v. Central National BankNew York Court of Appeals · 1901
- Mark v. . City of BuffaloNew York Court of Appeals · 1881
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