Archer v. Hartford Fire Ins.
United States Circuit Court
Motion of Defendants to Retax Costs. In these cases there were 41 “depositions taken by consent of parties, * * * to be used as evidence on the part of the defendant in each and both of the above-styled causes.” The caption of the depositions is entitled as of both suits, and they are marked filed, and are docketed in both cases.
Read the full summary
Motion of Defendants to Retax Costs. In these cases there were 41 “depositions taken by consent of parties, * * * to be used as evidence on the part of the defendant in each and both of the above-styled causes.” The caption of the depositions is entitled as of both suits, and they are marked filed, and are docketed in both cases. The suits, by agreement, were tried together; the records; however, being in every way separate, with separate verdicts and judgments, and these depositions were read upon the trial so had. The same counsel represented the common plaintiff in both cases, and both the…
1Opinion of the Court
Hammond. J.
The statute provides for a docket fee “for each deposition taken and admitted in evidence in a cause, two dollars and fifty cents.” Rev. St. U. S. § 824. These suits were originally commenced in the state court, and subsequently removed to this court, and the depositions in question were taken after the removal. In Jerman v. Stewart, 12 Fed. Rep. 271, counsel agreed that certain depositions taken and on file in another suit in the state court, between the same parties, might “be read and used in evidence on the trial” here; and I ruled, on a motion to relax the costs, where the…
2Cases cited2 opinions
- Parker v. BiglerU.S. Circuit Court for the District of Western Pennsylvania · 1857
- Edwards v. BondU.S. Circuit Court for the District of Illinois · 1851
3Cited by3 opinions
- National Union Fire Ins. Co. of Pittsburgh v. California Cotton Credit Corp.Court of Appeals for the Ninth Circuit · 1935
- L. E. Waterman Co. v. LockwoodU.S. Circuit Court for the District of Massachusetts · 1904
- British & South American Steam Navigation Co. v. Delaware, L. & W. R.District Court, S.D. New York · 1912