Trinidad Asphalt Paving Co. v. Robinson
U.S. Circuit Court for the District of Eastern Michigan
At Law. Action of replevin brought by the Trinidad Asphalt Paving Company against Eugene Robinson. A verdict was directed for plaintiff, and a motion for a new trial denied. The question as to whether costs should follow the judgment was reserved by the court, and is now up for determination. Judgment for plaintiff.
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At Law. Action of replevin brought by the Trinidad Asphalt Paving Company against Eugene Robinson. A verdict was directed for plaintiff, and a motion for a new trial denied. The question as to whether costs should follow the judgment was reserved by the court, and is now up for determination. Judgment for plaintiff. Statement by Swan, District Judge: This is an action of replevin for 766 barrels of asphalt that were formerly the property of Carter, Hawley & Co., of New York, both parties tracing title to them. The evidence is uncontradieted that plaintiff, wishing to obtain asphalt of Carter,…
1Opinion of the Court
Swan, District Judge,
(after stating the fads.) The statute giving costs to the prevailing party provides as follows:
“The bill of fees of the clerk, marshal, and attorney, and the amount paid printers and witnesses, and lawful fees for exemplifications and copies of papers necessarily obtained for use on trials, in cases where by law costs are recoverable in favor of the prevailing party, shall be. taxed by a judge or clerk of the court, and be included in and form a portion of a judgment or decree against the losing party. * * * ” Rev. St. U. S. § 983.
In cases of original jurisdiction this…
2Cases cited10 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- The BaltimoreSupreme Court of the United States · 1869
- United States v. Brig Malek AdhelSupreme Court of the United States · 1844
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3Cited by10 opinions
- Jesse Anderson and Jestine Turnbough v. Roy GriffinCourt of Appeals for the Seventh Circuit · 2005
- United States v. Minneapolis, St. P. & S. S. M. Ry. Co.District Court, D. Minnesota · 1916
- Western Coal & Mining Co. v. PettyCourt of Appeals for the Eighth Circuit · 1904
- Guardian Builders, LLC v. UseltonSupreme Court of Alabama · 2014
- Merritt v. MerrittDistrict Court, D. New Hampshire · 1927
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