Dedekam v. Vose
U.S. Circuit Court for the District of Southern New York
After the decree in this cause (Dedekam v. Vose [Case No. 3,729]), the appellees [Francis Vose and others], on motion to the court, took an order, by default, against the stipu-lators in the cause, that they pay into court the amount of their stipulation, and had a bill of costs taxed on that motion by the clerk. From that taxation the appellant [Andres Dedekam] appealed to this court.
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After the decree in this cause (Dedekam v. Vose [Case No. 3,729]), the appellees [Francis Vose and others], on motion to the court, took an order, by default, against the stipu-lators in the cause, that they pay into court the amount of their stipulation, and had a bill of costs taxed on that motion by the clerk. From that taxation the appellant [Andres Dedekam] appealed to this court. The items allowed on taxation were these: Docket fee on hearing against stipulators, $20; cash paid for affidavits, 50 cents; clerk’s fees, $5; total, $25.50.
1Opinion of the Court
BETTS, District Judge.
This court has uniformly held that every item of costs taxable against a party to a suit is specified in the fee bill enacted February 26th, 1853 (10 Stat. 161), and that it cannot go out of the provisions and restrictions of that act, and make an allowance of costs on any considerations of equity or justice. The province of the taxing officer is accordingly now limited to the service of comparing a proposed charge with the particulars set forth by congress in that statute as taxable; and. when the charge is not found to fall within the enumerated and designated fees, it…
2Cited by6 opinions
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- Jerman v. StewartUnited States Circuit Court · 1882
- Williams v. MorrisonU.S. Circuit Court for the District of Eastern Missouri · 1887
- Price v. GarlandNew Mexico Supreme Court · 1889
- Price v. GarlandNew Mexico Supreme Court · 1889
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