Legal Opinion

Coggill v. Lawrence

U.S. Circuit Court for the District of Southern New York

Decided September 15, 1851PublishedCited by 6 opinions

This was an action originally brought in the superior court of the city of New York, against the defendant [Cornelius W. Lawrence], as collector of the port of New York, to recover the sum of $150, as so much duty charged and received by the defendant on the importation and entry of foreign merchandise by the plaintiffs [Henry Coggill and others] above the amount collectable by law.

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This was an action originally brought in the superior court of the city of New York, against the defendant [Cornelius W. Lawrence], as collector of the port of New York, to recover the sum of $150, as so much duty charged and received by the defendant on the importation and entry of foreign merchandise by the plaintiffs [Henry Coggill and others] above the amount collectable by law. Under the provisions of the 3d section of the act of March 2, 1833 (4 Stat. 633), the defendant removed the cause into this court, and, on a trial before a jury, the plaintiffs obtained a.verdict for $9.50. [A…

1Opinion of the Court

BETTS, District Judge.

In common law cases in this court, neither party can recover costs upon any equity in the case, nor does the court possess authority to award them as an incident of its power over the parties or the subject-matter in litigation. They are purely a subject of legislative appointment. Kneass v. Schuylkill Bank [Case No. 7,876], In that case, Judge Washington held that there was no distinction between cases over which a circuit court of the United States had jurisdiction because of the amount in controversy, and those over which it had jurisdiction because of the…

2Cited by6 opinions

  1. United States v. MarshCourt of Appeals for the Fifth Circuit · 1901
  2. Whipple v. WalesSupreme Court of Rhode Island · 1926
  3. State v. CollinsDistrict Court, S.D. Texas · 1935
  4. Fisk v. Union Pacific RailroadDistrict Court, S.D. New York · 1871
  5. Price v. GarlandNew Mexico Supreme Court · 1889

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