Legal Opinion

Ex Parte Hughes

Supreme Court of the United States

Decided May 4, 1885PublishedCited by 10 opinions

ORIGINAL. After announcement of the judgment in this cause, ante, 147, the respondent moved to tax as costs, 1, a docket fee, and 2, his disbursements for printing briefs of counsel, and objections to filing a reply to the relator to the return of the respondent.

1Opinion of the Court

Mr. Chief Justice "Waite

delivered the opinion of the court. It has never been the practice of this court, in cases brought before it under its appellate jurisdiction, to tax as costs disbursements by counsel or parties for printing briefs. We see no reason’for adopting a different rule in cases within our original jurisdiction.

A proceeding in this court, under its original jurisdiction, against a judge of an inferior court of the United States to obtain a writ of mandamus requiring him to proceed in a cause pending in court before him, is a civil cause, and a docket fee is, therefore, taxable…

2Cited by10 opinions

  1. Smith v. DavisCourt of Appeals for the First Circuit · 1910
  2. Lee Injector Mfg. Co. v. Penberthy Injector Co.Court of Appeals for the Sixth Circuit · 1901
  3. Bond v. United RailroadsCalifornia Court of Appeal · 1912
  4. Kelly v. Springfield Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1897
  5. Stein v. Expert Lamp Co.District Court, N.D. Illinois · 1952

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