Legal Opinion · Dissent

Williams v. Sawyer Bros.

Court of Appeals for the Second Circuit

Decided July 17, 1931No. 416Published

1DissentChase, Circuit Judge

We recently held in New Jersey Shipbuilding Co. v. The James McWilliams, 49 F.(2d) 1026 that no appeal will lie from an allowance of costs in admiralty made by the trial court in the exercise of its discretion, and dismissed the appeal, since we could not review such a discretionary ruling. This appeal presents an entirely different question. It is not whether the exercise of discretion as to costs is reviewable, but whether the court had the power to allow as costs, in an action at law, the premiums paid on the bond. An appeal such as this, which involves the power of, the court and not…

2Cases cited17 opinions

  1. Newton v. Consolidated Gas Co. of NYSupreme Court of the United States · 1924
  2. Shreve v. CheesmanCourt of Appeals for the Eighth Circuit · 1895
  3. The VolundCourt of Appeals for the Second Circuit · 1910
  4. Smith v. DavisCourt of Appeals for the First Circuit · 1910
  5. Primrose v. FennoU.S. Circuit Court for the District of Massachusetts · 1902

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