Monahan v. Godkin
U.S. Circuit Court for the District of Eastern Wisconsin
At Law. On exception to disallowance by the clerk, in the taxation of defendant’s costs, of an item for the expense of a copy of the testimony taken under stipulation by a stenographer, being the testimony at a former trial, obtained by the defendant for preparing a bill of exceptions for the purposes of a writ of error, on which the •former, judgment in favor of the plaintiff was reversed.
1Opinion of the CourtSeaman, District Judge
(after stating the facts). No provision exists for taxation of the item in question, unless it comes within the allowance authorized by section 983 for "lawful fees for exemplifications and copies of papers necessarily obtained for use on trials in cases where by law costs are recoverable.” The trial referred to is the trial at law or final hearing in equity in the trial court, as well defined by Mr. Justice Blatckford in Wooster v. Handy (C. C.) 23 Fed. 49, 80, and not a hearing oil appeal or writ of error. Requirement of a copy of the testimony for the purpose of preparing a bill of…
2Cases cited4 opinions
- Wooster v. HandyU.S. Circuit Court for the District of Southern New York · 1885
- Branfoot v. HamiltonCourt of Appeals for the Fourth Circuit · 1892
- Kelly v. Springfield Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1897
- Gunther v. Liverpool, London & Globe Ins.U.S. Circuit Court for the District of Eastern New York · 1882
3Cited by4 opinions
- Stallo v. WagnerCourt of Appeals for the Second Circuit · 1917
- Qualley v. AitkenDistrict Court, D. Alaska · 1911
- Christensen v. General Electric Co.District Court, N.D. New York · 1918
- Corporation of St. Anthony in New Bedford v. HoulihanCourt of Appeals for the First Circuit · 1910