Legal Opinion

American Diamond Drill Co. v. Sullivan Machine Co.

U.S. Circuit Court for the District of Southern New York

Decided February 20, 1885PublishedCited by 1 opinion

In Equity. On appeal from clerk’s taxation of costs.

1Opinion of the CourtShipman, J.

This appeal from the taxation of costs involves divers different items, of which two only need special mention.

The first is the per diem and the mileage of the officers of the defendant, while testifying before the master. They appeared before him in obedience to the order that the defendant should account, and for the purpose of furnishing the account. I concur with the clerk that they are representatives of the defendant, and for this reason stand upon a different footing from its other witnesses; and that the items should not be taxed.

The principal point is in regard to the disallowance of…

2Cases cited1 opinion

  1. Myers v. DunbarU.S. Circuit Court for the District of Southern New York · 1874

3Cited by1 opinion

  1. Guerini Stone Co. v. P. J. Carlin Construction Co.District Court, D. Puerto Rico · 1916

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