Legal Opinion

United States v. Southern Pac. Co.

District Court, S.D. California

Decided February 14, 1916No. 221PublishedCited by 15 opinions

At Law. Action by the United States against the Southern Pacific Company and others. On appeal from the taxation of costs by the clerk.

1Opinion of the Court

TRIPPET, District Judge.

The question presented to the court, on appeal from the taxation of costs by the clerk, is whether or not costs may be taxed against the losing party for mileage of witnesses subpoenaed in the Northern district of California to appear before the court at Los Angeles. Mileage for these witnesses was taxed by the clerk from the north line of the Southern district to Los Angeles, where the court was held, a distance of 275 miles. The contention of the defendant is that no mileage should be allowed for these witnesses, or, if allowed, the mileage should be allowed for a…

2Cases cited8 opinions

  1. United States v. SanbornU.S. Circuit Court for the District of Massachusetts · 1886
  2. Spaulding v. TuckerU.S. Circuit Court for the District of California · 1871
  3. Hanchett v. HumphreyU.S. Circuit Court for the District of Nevada · 1899
  4. Marks v. Merrill Paper Co.Court of Appeals for the Seventh Circuit · 1913
  5. United States v. Southern Pac. Co.U.S. Circuit Court for the District of Oregon · 1909

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3Cited by15 opinions

  1. Hibernia Nat. Bank v. Louisiana Tax CommissionSupreme Court of Louisiana · 1940
  2. Vincennes Steel Corporation v. MillerCourt of Appeals for the Fifth Circuit · 1938
  3. Kirby v. United StatesCourt of Appeals for the Ninth Circuit · 1921
  4. Kenyon v. Automatic Instrument Co.District Court, W.D. Michigan · 1950
  5. Oklahoma Natural Gas Corporation v. CraigSupreme Court of Oklahoma · 1942

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