Goodyear v. Sawyer
United States Circuit Court
In Equity. Motion to retax costs. This is a motion to retax the costs on execution in six casos of the plaintiffs against the several defendants, the objection in all being the charge of f>20 for a docket fee to defendant’s solicitor. They were bills In equity for an account of profits, injunction, etc., for the infringement of a patent. The objection urged on this motion was that there was no “final hearing,” as required by the statute, to entitle the solicitor to the fee.
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In Equity. Motion to retax costs. This is a motion to retax the costs on execution in six casos of the plaintiffs against the several defendants, the objection in all being the charge of f>20 for a docket fee to defendant’s solicitor. They were bills In equity for an account of profits, injunction, etc., for the infringement of a patent. The objection urged on this motion was that there was no “final hearing,” as required by the statute, to entitle the solicitor to the fee. The cases were not all disposed of alike. This case, No. 126, had been sot for hearing according to the practice of the…
1Opinion of the CourtHammond, J.
Until the practice of this court conforms more closely to the equity rules, and the analogies to which equity rule 90 directs us for our government, and is less influenced hv the more modern *4system erected by legislation for the state courts of equity, to be found in our Tennessee Code, there must be a good deal of forbearance for irregularities like those found in the conduct of these cases. There can be no doubt that a too close adherence to the technicalities of our equity practice, when they are relied on by a kind of ex post facto application of them, as in this case, to defeat some…
2Cases cited10 opinions
- The BaltimoreSupreme Court of the United States · 1869
- Troy Iron & Nail Factory v. CorningU.S. Circuit Court for the District of Northern New York · 1869
- Costs in Civil CasesU.S. Circuit Court for the District of Southern New York · 1852
- Hayford v. GriffithU.S. Circuit Court for the District of Southern New York · 1853
- Dedekam v. VoseU.S. Circuit Court for the District of Southern New York · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bliss v. Anaconda Copper Mining Co.U.S. Circuit Court for the District of Montana · 1909
- State v. HaskinsNew Jersey Superior Court Appellate Division · 1955
- Albion Lumber Co. v. Inter-Ocean Transp. Co.District Court, N.D. California · 1917
- Asher v. United StatesDistrict Court, S.D. California · 1939
- The BluefieldsDistrict Court, S.D. Alabama · 1921
4 more not listed; retrieve them via the Exa API.