Western Union Telegraph Co. v. Louisville & N. R.
District Court, E.D. Tennessee
In Equity. Five suits by the Western Union Telegraph Company against the Rouisville & Nashville Railroad Company. On defendant’s motion to retax costs.
1Opinion of the Court
SÁNF.ORD; District Judge.
These cases having been remanded to the State Court for want of jurisdiction and tire costs awarded against the defendant, the clerk has taxed as part of the costs ten dol-r lars docket fee in each case, and the defendant moves to retax the costs so as to disallow these items.
It was held by Judge Baker, Circuit Judge Woods concurring, in Smith v. Telegraph Co. (C. C.) 81 Fed. 242, that twenty dollars docket fee for plaintiff’s attorneys could not be taxed under R. S. § 824 (U. S. Comp. St. 1901, p. 632). I agree with this view. However, R. S. § 823 (U. S. Comp. St.…
2Cases cited3 opinions
- Josslyn v. PhillipsU.S. Circuit Court for the District of Western Michigan · 1886
- Pellett v. Great Northern Ry. Co.U.S. Circuit Court for the District of Washington · 1900
- Riser v. Southern Ry. Co.U.S. Circuit Court for the District of South Carolina · 1902
3Cited by3 opinions
- Kramer v. JarvisDistrict Court, D. Nebraska · 1949
- Bowens v. Chicago, M. & St. P. Ry. Co.District Court, W.D. Washington · 1914
- Karsohles v. MoschosDistrict Court, E.D. Virginia · 1954