Neet v. Holmes

BEAUMONT, District Judge.

Motion to re-tax costs. Action brought in the district court was dismissed for lack of jurisdiction, this appearing on the face of plaintiffs’ complaint.

A review of cases wherein actions were originally filed in a 'federal court reveals a virtual uniformity of decision to the effect that where a court has no jurisdiction of such cause it has no power to award costs. Smyth v. Asphalt Belt Ry., 267 U.S. 326, 45 S.Ct. 242, 69 L.Ed. 629; Lion Bonding Co. v. Karatz, 262 U.S. 640, 43 S.Ct. 641, 67 L.Ed. 1151; Conley v. Ballinger, 216 U.S. 84, 30 S.Ct. 224, 54 L.Ed. 393;…