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197 F. 166

Docket No. 3,735.

Snyder v. McCarthy

Eighth Circuit Court of Appeals

Decided May 25, 1912.)

Eighth Circuit Court of Appeals · decided 1912-05-25

<p>In Error to the Circuit Court of the United States for the District of Minnesota.</p> <p>Action between Adelmar Snyder and J. F. McCarthy. There was a judgment on appeal from the clerk’s taxation of costs, and Snyder brings error.</p>

Cited by 1 later decisions — most recently February 1935

1 federal appellate ·

2 counsel of record

Key passage — most relied on by later courts

“■ “1. Costs and disbursements to be inserted in a judgment shall be taxed in the first instance by the clerk, upon two days notice. “2. An appeal therefrom may be taken to the court within ten days after such taxation by the clerk, but not afterwards. Such appeal shall be taken by notice in writing signed by the appellant, directed to and served upon the adverse party and the clerk, and shall specify the items from which the appeal is taken. When such appeal is taken, either party may bring the same on for determination before the court on notice or by an order to show cause.””

quoted by 1 later decision, including United States v. Nordbye

Good law ✅— No negative treatment on recordhow we know

Affirmed · Opinion by Walter Henry Sanborn · Decided 1912-05-25

View the full empirical analysis of this case →

¶11; Costs (§ 215*) — Taxation by Clerk — Appeal—Time to Take.

¶2Circuit Court rule 23, providing for the taxation of costs by the clerk and for an appeal therefrom to the court within 10 days “after such taxation by the clerk, but not afterwards,” requires the taking of an appeal within 10 days after the taxation by the clerk.

¶3[Ed. Note. — For other cases, see Costs, Cent. Dig. §§ 797, 802, 816, 826; Dec. Dig. § 215.*]

¶42. Costs (§ 215*) — Taxation by Clerk — Appeal—Time to Take — Waiver. Where an appeal from the taxation of costs by the clerk is taken after the time .xecl by Circuit Court rule 23, and the successful party brings the same on for determination before the court on notice of time of hearing, he does not waive the objection that the appeal was not taken within the 10 days.

¶5[Ed. Note. — For other cases, see Costs, Cent. Dig. §§ 797, 802, 816, 826; Dec. Dig. § 215.*]

¶6In Error to the Circuit Court of the United States for the District of Minnesota.

¶7Action between Adelmar Snyder and J. F. McCarthy. There was a judgment on appeal from the clerk’s taxation of costs, and Snyder brings error.

¶8Affirmed.

¶9J. W]. Reynolds, for plaintiff in error.

¶10F. C. Harris, for defendant in error.

¶11Before SANBORN and ADAMS, Circuit Judges.

¶13SANBORN, Circuit Judge.

¶14[1] Rule 23 of the Circuit Court which provides that; “Costs and disbursements shall be taxed in the first instance by the clerk upon two dáys’ notice. An appeal therefrom may be taken to the court within ten days after such taxation by the clerk, but not afterwards” — means what it says, that the appeal therein mentioned may be taken within 10 days after the taxation by the clerk." It does not mean that it may be taken within 10 days after the notice of such a taxation is served upon the party who desires to appeal.

¶15[2] Where such an appeal is taken after the 10 days, and the successful party brings the same on for determination, before the court upon a notice of the time of hearing, he does not thereby waive the objection that the appeal was not taken within the 10 days.

¶16The judgment below is affirmed.

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