Legal Opinion

Arcambel v. Wiseman

Supreme Court of the United States

Decided August 12, 1796PublishedCited by 148 opinions

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.

2Cited by148 opinions

  1. Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
  2. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
  3. Baker Botts L.L.P. v. ASARCO LLCSupreme Court of the United States · 2015
  4. Serrano v. UnruhCalifornia Supreme Court · 1982
  5. John C. Shimman v. International Union of Operating Engineers, Local 18Court of Appeals for the Sixth Circuit · 1984

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