Reconstruction Finance Corp. v. J. G. Menihan Corp.

Though Judge SWAN’S opinion is persuasive indeed, I think it results in an order for the payment of government funds to private persons without' authorization of law. Even as between private litigants, costs, at least in an equity suit, are not a matter of right to a litigant, but are purely at the discretion of the court. Gold Dust Corp. v. Hoffenberg, 2 Cir., 87 F.2d 451, 453; Ex parte Peterson, 253 U.S. 300, 317, 40 S.Ct. 543, 64 L.Ed. 919; Payne, Costs in Common Law Actions in the Federal Courts, 21 Va.L.Rev. 397, 399. And costs *943are never awarded, against the United States except where…