Legal Opinion

Aycrigg v. United States

District Court, N.D. California

Decided October 1, 1954No. Nos. 6299, 6309, 6314PublishedCited by 8 opinions

1Opinion of the Court

OLIVER J. CARTER, District Judge.

Having recovered judgment under a special act of Congress, infra, the plaintiffs in the three above-entitled causes seek to tax costs in the sum of $4,304.-25.

The books are virtually unanimous that, in order to subject the sovereign to liability for court costs, there must be clear and unequivocal statutory authorization. Such authorization is not to be inferred, however tempting the inference may be. It must be plainly spelled out.

To fix a cost-liability upon the Government, we must take the statute in question by its four corners, and ask ourselves, in the…

2Cases cited9 opinions

  1. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
  2. United States v. WorleySupreme Court of the United States · 1930
  3. Klamath & Moadoc Tribes of Indians v. United StatesSupreme Court of the United States · 1935
  4. Davis v. Corona Coal Co.Supreme Court of the United States · 1924
  5. Erwin v. United StatesDistrict Court, S.D. Georgia · 1889

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Van Hoomissen v. Xerox Corp.Court of Appeals for the Ninth Circuit · 1974
  2. Broadhurst v. Director of the Division of Employment SecurityMassachusetts Supreme Judicial Court · 1977
  3. Broadhurst v. DIRECTOR OF THE DIVISION OF EMP. SEC.Massachusetts Supreme Judicial Court · 1977
  4. Director of Office of Thrift Supervision v. LopezDistrict Court, S.D. Florida · 1992
  5. Georg Jensen, Inc. v. United StatesDistrict Court, S.D. New York · 1960

3 more not listed; retrieve them via the Exa API.

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