Corporation of St. Anthony in New Bedford v. Houlihan
Court of Appeals for the First Circuit
In Error to the Circuit Court of the United States for the District of Massachusetts. > Action at law by Michael J. Houlihan against the Corporation of St. Anthony in New Bedford. From an order (173 Fed. 496) relating to costs, defendant brings error.
1DissentArdrich, District Judge
The auditor items have a status quite different from that of the stenographic charges. The auditor was appointed by the court upon consent and under conditions of controverted accounts which justified the judicial act.
The theory of Fenno v. Primrose, 119 Fed. 801, 804, 56 C. C. A. 313, is that an absolute rule, in respect to taxing auditor charges as costs, is not admissible in the absence of a statute, and that in cases where an auditorship is created by the court upon grounds of neces*256sity inherent in the situation, and where there is no authority for resting the expense upon the government,…
2Cases cited9 opinions
- Pine River Logging Co. v. United StatesSupreme Court of the United States · 1902
- Bridges v. SheldonUnited States Circuit Court · 1880
- Branfoot v. HamiltonCourt of Appeals for the Fourth Circuit · 1892
- Fenno v. PrimroseCourt of Appeals for the First Circuit · 1903
- Primrose v. FennoU.S. Circuit Court for the District of Massachusetts · 1902
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