Legal Opinion

Dedekam v. Vose

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

Decided October 12, 1853PublishedCited by 7 opinions

After the affirmance by this court—Dede-kam v. Yose [Case'No. 3,729]—of the decree of the district court in this case [Case No. 3,732], dismissing the libel, the respondents [Francis Vose and others] had their costs on the appeal taxed by the clerk of this court.

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After the affirmance by this court—Dede-kam v. Yose [Case'No. 3,729]—of the decree of the district court in this case [Case No. 3,732], dismissing the libel, the respondents [Francis Vose and others] had their costs on the appeal taxed by the clerk of this court. Among the items allowed and taxed by the clerk were these; (1) “Proctor’s docket fee,' April term, 1853, $20.00.” “Proctor’s docket fee, September term, 1853. $20.00.” (2) “Seventeen depositions read, $42.50.” (3) “Costs on removal to circuit court, $5.” From the taxation of these items the libellant [Andres Dedekam] appealed to this…

1Opinion of the Court

THE COURT

held; (1) That one docket fee of $20 to the proctor was allowable, and only one; (2) that the item of $42.50 for the depositions read on appeal was not allowable, because, in cases appealed to this court from the district court, the act of February 26, 1S53 (10 Stat. 161, § 1), applied only to new depositions taken in this court; (3) that the item of $5 on the removal of the cause to tnis court was not allowable, as the removal took place prior to the passage of the act of 1853.

2Cited by7 opinions

  1. Ferguson v. DentU.S. Circuit Court for the District of Western Tennessee · 1891
  2. Goodyear v. SawyerUnited States Circuit Court · 1883
  3. Coy v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1882
  4. Cleaver v. Traders' Ins. Co.U.S. Circuit Court for the District of Eastern Michigan · 1889
  5. Jerman v. StewartUnited States Circuit Court · 1882

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