Central Trust Co. v. United States Light & Heating Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Western District of New York. Suit by the Central Trust Company of New York against the United States Light & Heating Company, in which Adrian H. Larkin and others, solicitors of record for complainant, petition for allowance of fees and payment of disbursements. From an order granting in part the prayer of their petition, they appeal.
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Appeal from the District Court of the United States for the Western District of New York. Suit by the Central Trust Company of New York against the United States Light & Heating Company, in which Adrian H. Larkin and others, solicitors of record for complainant, petition for allowance of fees and payment of disbursements. From an order granting in part the prayer of their petition, they appeal. The order of the District Court, appealed from, finally settled and decreed payment of the fees and disbursements of the appellants, who are solicitors of record for the complainant herein. The action…
1Opinion of the CourtHough, District Judge
(after stating the facts as above). [1] It is urged that the matter complained of is not appealable. The order was final and conclusively adjudicated something over which the court had jurisdiction and which arose in the progress of the litigation, although distinct from the general subject of suit. Such orders or decrees are appealable although the original or main action may not have proceeded to final judgment. Yorkshire, etc., Co. v. Fowler, 78 Fed. 58, 23 C. C. A. 643; Tuttle v. Claflin, 88 Fed. 122, 31 C. C. A. 419.
[2] Even if the matter be one of discretion it is appealable, if the…
2Cases cited8 opinions
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Harrison v. PereaSupreme Court of the United States · 1897
- Burnes v. ScottSupreme Court of the United States · 1886
- Buell v. Kanawha Lumber Corp.District Court, E.D. South Carolina · 1912
- Lamar v. Hall & WimberlyCourt of Appeals for the Fifth Circuit · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
- Gold Dust Corporation v. HoffenbergCourt of Appeals for the Second Circuit · 1937
- Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Lyman v. Remington Rand, Inc.Court of Appeals for the Second Circuit · 1951
- Muskegon Boiler Works v. Tennessee Valley Iron & R.District Court, M.D. Tennessee · 1921
9 more not listed; retrieve them via the Exa API.