A Treatise on the Modern Practice in Equity in the State and Federal Courts of the United States; With Particular Reference to the Practice in the Federal Courts. Including Numerous Forms and Precedents Volume 2

A Treatise on the Modern Practice in Equity in the State and Federal Courts of the United States; With Particular Reference to the Practice in the Federal Courts. Including Numerous Forms and Precedents Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...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." "' An affidavit of the party claiming a. bill for services or of some person having knowledge of the facts should be attached to the bill, and filed therewith, showing that the services charged therein have been actually and necessarily performed as therein stated.' Though there may have been agreements of counsel on both sides in relation thereto, costs for printing the bill, answer and evidence in a suit in the United States circuit court cannot be taxed, since there is no rule of court on the subject, and nothing is said about such costs in the Revised Statutes providing the fees which may be taxed.' A motion for retaxation of costs taxed by the clerk may be made before or on appeal taken to a. judge of the court." A complainant who has not appealed cannot question the correctness of a taxation from which the respondent has appealed.' On application for retaxation the court will not permit a party to retain in his bill charges which are clearly improper, although no objection was made to them before the taxing officer." The party applying for a retaxa tion of costs will be charged with the costs of opposing his application where he does not succeed in obtaining a retaxation as to any of the items objected to before the taxing ofl1cer.' It is not proper ground for granting a retaxation of costs in behalf of a party who has appeared and opposed particular items in the bill that the taxing oflzicer has, by inadvertence, erroneously allowed an item...show more

Product details

  • Paperback | 336 pages
  • 189 x 246 x 18mm | 599g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236908201
  • 9781236908209