Arcambel v. Wiseman
Supreme Court of the United States
THE decree of the Circuit Court, for the Diftritft of Rhode Ifland, was affirmed-in this caufe, without argument, the principal queftion, which it involved, having been juft decided upon the difcuffion of another writ of error. • It appeared, however, by an eftimate of the damages on which the decree was founded, and which was annexed to the record, that a charge of 1600 dollars for counfel’s fees in the courts below, had beeen' allowed ; to which Caxe objeiSed ; and…
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THE decree of the Circuit Court, for the Diftritft of Rhode Ifland, was affirmed-in this caufe, without argument, the principal queftion, which it involved, having been juft decided upon the difcuffion of another writ of error. • It appeared, however, by an eftimate of the damages on which the decree was founded, and which was annexed to the record, that a charge of 1600 dollars for counfel’s fees in the courts below, had beeen' allowed ; to which Caxe objeiSed ; and In-gerfoll contended that it might fairly be'included, under the idea of damages. But
1Opinion of the Court
By the Court:—We do not think that this charge ought to be allowed. The general pra£lice of the United States is in opofttion to it; and even if that pratftice. were not ftridtly correct in principle, it is entitled to the refpeét of the court, till it is changed, or modified, by ftatute. ; ■
There are feveral ways in which the- charge may be expunged: l?ut we recommend, as, perhaps, the eafieft way; that the counfel for the Defendant in error, ihould enter a remitti . tur for the amount. .
A remittitur was accordingly entered.
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