Parker v. Bigler
U.S. Circuit Court for the District of Western Pennsylvania
This was a motion [by Zebulon Parker] to retax a bill of costs, upon exceptions filed by the defendants [William Bigler, William Powell, and John F. Weaver). The first exception was based upon the fact that the court (Irwin, J.) had at a former term made an order appointing a mechanic to make models of the wheels used in defendants’ mill, and authorizing him to enter said mill for the purpose of obtaining measurements, etc.
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This was a motion [by Zebulon Parker] to retax a bill of costs, upon exceptions filed by the defendants [William Bigler, William Powell, and John F. Weaver). The first exception was based upon the fact that the court (Irwin, J.) had at a former term made an order appointing a mechanic to make models of the wheels used in defendants’ mill, and authorizing him to enter said mill for the purpose of obtaining measurements, etc. This order had been executed, and three tin models were produced and used as evidence upon the trial of the cause. The expense of examining the mill, and of making these…
1Opinion of the Court
GRIER, Circuit Justice.
1. The first exception is to a charge for making models of defendants’ mill wheels in order to show' the infringement of the plaintiff’s patent, $36.
It is alleged that the act of 26th February, 1853, “to regulate fees and costs,” proposes to define what shall be hereafter the fees or compensation to be allowed to attorneys, marshals, witnesses, jurors, commissioners, and printers, which shall be taxed and allowed, and not to define absolutely what expenses of trial may be recovered from the losing party as costs of suit. Hence it is contended that this charge is not…
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