Legal Opinion
Brown v. Kinnicutt
District Court, S.D. New York
Decided October 13, 1924PublishedCited by 2 opinions
1Opinion of the Court
LEARNED HAND, District Judge.
The answer to the question put on this reargument is not easy. It depends, as the Appellate Division observed in Akely v. Kinnicutt, 208 App. Div. 491, 495, 203 N. Y. S. 741, upon whether each plaintiff is liable to a separate bill of costs, if defeated. That ease is authority that in the state court he is, but it is not relevant here at all, if the Revised Statutes touch the matter, and, even if they do not, it controls only so far as R. S. § 914 (Comp. St. § 1537), requires a loose conformity with the state practice.
This case was brought under section 209 of the…
2Cases cited4 opinions
- Denver City Tramway Co. v. NortonCourt of Appeals for the Eighth Circuit · 1905
- American Window Glass Co. v. NoeCourt of Appeals for the Seventh Circuit · 1908
- Diggs v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1907
- Akely v. KinnicuttAppellate Division of the Supreme Court of the State of New York · 1924
3Cited by2 opinions
- Fourchier v. McNeil Construction Co.Nevada Supreme Court · 1951
- Cherry v. HowellDistrict Court, E.D. New York · 1931