Legal Opinion

Elliott v. The Leah H. Miller

District Court, S.D. New York

Decided June 15, 1843No. Case No. 4,393aPublished

1Per curiam

On the 28th of March last the court decreed on the pleadings and proofs that the libellant should recover $120 for his services on board the vessel, but no costs were allowed him. The counsel for the li-bellant at the first opportunity thereafter, and during the term, moved a reargument of the case on the point of costs. The counsel for the claimants contended that the court had no power to grant a review of the former decisions, unless for error manifest upon the face of the decree, or because of *543newly discovered evidence. Both counsel also discussed the subject of costs on the merits of the…

2Cases cited4 opinions

  1. Travis v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1815
  2. Green v. WinterNew York Court of Chancery · 1814
  3. Bates v. LoomisNew York Supreme Court · 1830
  4. Pendleton v. EatonNew York Court of Chancery · 1817

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