Bone v. Walsh Const. Co.
District Court, S.D. Iowa
In Equity. Suit by Frank A. Bone against the Walsh Construction Company. On motion to tax costs upon dismissal by plaintiff.
1Opinion of the Court
WADE, District Judge.
I have made an extensive investigation of the questions presented, for the reason that similar questions have been presented in other cases, and because the same questions may arise in nearly every patent case.
[1] The facts in this case relating to the conduct of the plaintiff, in waiting until the moment of trial to dismiss the proceeding, furnishes ample ground for the court to tax as costs every item which the law permits. In fact, the circumstances justify a court of equity in going as far as possible in compelling the plaintiff to 'reimburse the defendant for the…
2Cases cited16 opinions
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Wooster v. HandyU.S. Circuit Court for the District of Southern New York · 1885
- Branfoot v. HamiltonCourt of Appeals for the Fourth Circuit · 1892
- Barrus v. PhaneufMassachusetts Supreme Judicial Court · 1896
- Primrose v. FennoU.S. Circuit Court for the District of Massachusetts · 1902
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Henkel v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.Supreme Court of the United States · 1932
- Gerzof v. Miller (In Re Miller)United States Bankruptcy Court, E.D. New York · 1981
- T. H. Symington & Son, Inc. v. Symington Co.District Court, D. Maryland · 1935
- 1507 Corp. v. HendersonCourt of Appeals for the Seventh Circuit · 1971
- American Title & Trust Co. v. Gulf Refining Co.Court of Appeals for the Second Circuit · 1934
2 more not listed; retrieve them via the Exa API.