Legal Opinion
Broffe v. Horton
Court of Appeals for the Second Circuit
Decided March 23, 1949No. 118, Docket No. 21161PublishedCited by 5 opinions
1Per curiam
The rules of the Supreme Court have provided for more than a hundred years1 *that in case of reversal, costs shall be allowed “unless otherwise ordered by the court.” That is now embodied in Rule 32(3) of the rules of that court, 28 U.S. C.A.; and our own Rule 30(2) is even stronger: “costs, so far as taxable, shall be allowed as of course to the prevailing party unless the course otherwise directs.” No doubt that allows exceptions, but from the beginning in 1891 it has been the unbroken practice at least in this circuit, so far as we know, or can learn from the clerk’s office, never to allow…
2Cases cited5 opinions
- Land Oberoesterreich v. GudeCourt of Appeals for the Second Circuit · 1937
- Berthold v. BurtonU.S. Circuit Court for the District of Southern New York · 1909
- Bradstreet v. PotterSupreme Court of the United States · 1842
- Jennings v. BurtonDistrict Court, S.D. New York · 1910
- Bailey v. Mississippi Home Telephone Co.District Court, M.D. Pennsylvania · 1918
3Cited by5 opinions
- Trans World Airlines, Inc. v. Howard R. HughesCourt of Appeals for the Second Circuit · 1975
- Chemical Bank & Trust Co. v. Prudence-Bonds Corp. (New Corp.)Court of Appeals for the Second Circuit · 1953
- Maryland Casualty Co. v. JacobsonDistrict Court, W.D. Missouri · 1965
- United States v. Arthur N. Olive Co.District Court, D. Massachusetts · 1962
- Trans World Airlines, Inc. v. Howard R. HughesCourt of Appeals for the Second Circuit · 1975