Legal Opinion

Costs in Civil Cases

U.S. Circuit Court for the District of Southern New York

Decided May 15, 1852PublishedCited by 19 opinions

The question of the proper rate of costs to be allowed and taxed for the services of attorneys, solicitors, and counsel, in civil suits, at law or in equity, in the circuit courts of the United States, having been submitted to Mr. Justice NELSON, in May, 1852, he delivered the following opinion:

1Opinion of the Court

NELSON, Circuit Justice.

The act of September 29, 1789 (1 Stat. 93, § 2), provided that the rates of fees in the circuit and district courts of the United States, in suits at common law, should be the same as were allowed in the supreme court of the state,- and the rates of fees in equity cases should be according to those allowed in the chancery court of the state. This act was to continue only until the end of the next session of congress.

The act of May 26, 1790 (1 Stat. 123), continued the act of 1789 until the end of the succeeding session, and no longer. It was again continued by the act…

2Cited by19 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Ex Parte PetersonSupreme Court of the United States · 1920
  3. Henkel v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.Supreme Court of the United States · 1932
  4. Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
  5. Williams v. Sawyer Bros.Court of Appeals for the Second Circuit · 1931

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