Burnham v. Rangeley
U.S. Circuit Court for the District of Maine
In this case the hill in equity was dismissed at the October term, 1845 (1 Woodb. & M. 7 [Case No. 2,170]), on account of the want of jurisdiction in consequence of the plaintiff [Daniel Burnham] being an inhabitant of New Hampshire, and the defendant [James Rangeley], though called as of Portland, Me., was shown, by the evidence in the case, to have had his domicil, at the time of the service of the subpoena, in the state of Virginia.
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In this case the hill in equity was dismissed at the October term, 1845 (1 Woodb. & M. 7 [Case No. 2,170]), on account of the want of jurisdiction in consequence of the plaintiff [Daniel Burnham] being an inhabitant of New Hampshire, and the defendant [James Rangeley], though called as of Portland, Me., was shown, by the evidence in the case, to have had his domicil, at the time of the service of the subpoena, in the state of Virginia. Before that term of the court closed, the respondent moved for his costs. This motion was resisted by the plaintiff on the ground, that where a bill was…
1Opinion of the Court
WOODBURY, Circuit Justice.
The rule or practice of courts, in different states, ’is sometimes different in respect to the taxation of costs, where a proceeding fails for want of jurisdiction. It is not uniform, whether it be in equity or law. Nor has it been only one way in several of the states, at different periods of their own judicial history. Sometimes the difference arises under the circumstance, that their statutes on the subject are different; and sometimes, probably, from analogies and reasons coming to the notice of the courts in one state and at one period, which dirl not in others,…
2Cases cited14 opinions
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Pangburn v. RamsayNew York Supreme Court · 1814
- Williams v. BluntMassachusetts Supreme Judicial Court · 1806
- Brown v. DelanoMassachusetts Supreme Judicial Court · 1815
- Clark v. RockwellMassachusetts Supreme Judicial Court · 1818
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