Field v. Schell

NELSON, Circuit Justice.

This suit was originally brought in a state court, to recover back an excess of duties paid to the collector, and was removed to this court under the act of congress of 1833 [4 Stat. 633]. The amount recovered was under $500, but over $50, which would have entitled the plaintiff to costs in the state court The clerk refused to tax any costs in behalf of the plaintiff, on the ground that the recovery was less than $500. It is admitted that, if the suit had been commenced in this court, no costs could have been recovered, within the 20th section of the judiciary act of…