Hugh D. MacKenzie Co. v. Lydia S. S. Co.

(after stating the facts as above). [1, 2,] It must be emphasized that this appeal has vacated the decree of the District Court and that the case is hero tried de novo (the John Twohy, 255 U. S. 77-79, 41 Sup. Ct. 251, 65 L. Ed. 511), although such new trial is conducted in accordance with our own rules. We have recently considered at length the rights of stipulators for value in suits in rem (The Cartona, 297 Fed. 827; The Buckhannon, 299 Fed. 519), and the same rules apply to stipulators for costs. National Surety Company had under these decisions no right to intervene, and no such effort…