Asher v. United States

JENNEY, District Judge.

This was a suit by a taxpayer brought under the Tucker Act to recover taxes alleged to have been overpaid. Judgment was rendered for defendant with costs. In computing the cost bill, defendant included a $5 clerk’s filing fee, a fifty cent fee for taking an acknowledgment, and a $10 attorney’s docket fee, which items of cost were disallowed by the clerk. Defendant now moves to re-tax the costs, and the correctness of the clerk’s ruling is before this court.

Section 15 of the Tucker Act is conceded by counsel to be controlling in this matter, Act of March 3, 1887, c. 359,…