The Carnia

CAFFEY, District Judge.

The fact that the consent dismissal was “with costs” does not avoid the necessity of determining of what items, in such circumstances, costs consist.

Under R. S. § 824 (28 USCA § 572), it seems settled in this district that, the cause having been dismissed without trial, a docket fee cannot be taxed. The Dwinsk (D. C.) 227 F. 958. Cf. Peerless Light Co. v. Leviton (D. C.) 247 F. 606.

Apart from the somewhat ambiguous phraseology contained in the stipulation when the depositions were taken, where, as here, they were not put in evidence, the rule in this district is that…