The Vernon
District Court, E.D. Michigan
In Admiralty. On appeal from taxation of costs. The Vernon was arrested upon two libels for negligence in towing the schooners Senator and Watson upon the rocks at the mouth of Detour river. Damages were claimed in the aggregate sum of $35,000. The Vernon was released upon the usual stipulation to answer judgment, and subsequently her owners, the petitioners in this case, instituted proceedings for a limitation of their liability.
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In Admiralty. On appeal from taxation of costs. The Vernon was arrested upon two libels for negligence in towing the schooners Senator and Watson upon the rocks at the mouth of Detour river. Damages were claimed in the aggregate sum of $35,000. The Vernon was released upon the usual stipulation to answer judgment, and subsequently her owners, the petitioners in this case, instituted proceedings for a limitation of their liability. Under the statute, section 4285, they elected to transfer the Vernon to Henry A. Harmon, as trustee, and thereafter the said trustee proceeded to take possession…
1Opinion of the CourtBrowN, J.
Petitioners appeal from the clerk’s taxation of the following items:
I. The clerk’s commission upon the proceeds of sale. By Rev. St. § 828, the clerk is entitled to a commission of 1 per cent, “for receiving, keeping, and paying out money in pursuance of any statute or order of court.” As the proceeds of sale to the amount of $23,150 were paid into the registry of the court by the trustee, no objection is made to the taxation of the commission. The only question is by whom it should be paid. Ordinarily, where money is collected upon an execution, it is the duty of the marshal to add the…
2Cases cited8 opinions
- Whipple v. Cumberland Cotton Manuf'g Co.U.S. Circuit Court for the District of Maine · 1844
- Spaulding v. TuckerU.S. Circuit Court for the District of California · 1871
- Beckwith v. EastonDistrict Court, E.D. New York · 1870
- Prouty v. DraperU.S. Circuit Court for the District of Massachusetts · 1842
- Anderson v. MoeU.S. Circuit Court for the District of Eastern Michigan · 1869
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3Cited by18 opinions
- Kemart Corporation, a Corporation v. Printing Arts Research Laboratories, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1956
- Vincennes Steel Corporation v. MillerCourt of Appeals for the Fifth Circuit · 1938
- Spiritwood Grain Co. v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1950
- Kirby v. United StatesCourt of Appeals for the Ninth Circuit · 1921
- Kenyon v. Automatic Instrument Co.District Court, W.D. Michigan · 1950
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