S. Morgan Smith Co. v. Rockingham Power Co.
U.S. Circuit Court for the District of Western North Carolina
Suit by the S. Morgan Smith Company against the Rockingham Power Company and another, in which the Knickerbocker Trust Company filed a cross-complaint against the Rockingham Power Company and others. On exceptions by the Knickerbocker Trust Company and others to commissions taxed by the clerk in the cost bill in bis own favor.
1Opinion of the Court
PRITCHARD, Circuit judge.
This is a motion heard on 1he exception to the bill of costs, which is filed by the attorneys of the Knickerbocker Trust Company, S. Morgan Smith Company, and W. H. Calvert. The exception is embraced in the following- language:
“The complainant and cross-complainant herein except to Ihe bill of costs taxed by the clerk, in that the clerk has allowed himself commissions of $508.-(10 on $50,800.00, required by the decree to be paid to the commissioners.”
This exception involves the question as to whether the clerk is entitled to a commission on funds paid into the hands…
2Cases cited4 opinions
- Thomas v. Chicago & C. S. Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1889
- Johnson v. Southern Building & Loan Ass'nU.S. Circuit Court for the District of Western Arkansas · 1899
- Leech v. KayU.S. Circuit Court for the District of Kentucky · 1880
- Michigan Cent. R. v. HarshaCourt of Appeals for the Sixth Circuit · 1904
3Cited by2 opinions
- United States v. Pennsylvania R.Court of Appeals for the Fourth Circuit · 1922
- Amoskeag Mfg. Co. v. GagneDistrict Court, D. New Hampshire · 1936