Greener v. Steinway

United States Circuit Court for the Southern District of New York

Decided November 20, 1885.)

United States Circuit Court for the Southern District of New York · decided 1885-11-20

<p>Taxation op Costs — Docket Fees.</p> <p>When a demurrer to a hill in equity is sustained, a docket fee of $30 is taxable in favor of defendant.</p>

2 counsel of record

Relies on Wooster v. Handy · Scharff v. Levy · Price v. Coleman

Decided 1885-11-20

¶1Taxation op Costs — Docket Fees.

¶2When a demurrer to a hill in equity is sustained, a docket fee of $30 is taxable in favor of defendant.

¶3In Equity. Exceptions to clerk’s taxation of costs.

¶4Ralph W. Morrison, for plaintiff.

¶5George W. .Qotlerill and Arthur v. Briescn, for defendants.

¶6Shipman, J.

¶7The exception to the clerk’s taxation of costs, in disallowing a docket fee of $20, upon a decree for costs in favor of the defendant, upon a successful demurrer to the complainants’ bill, is sustained. The defendant’s right to a docket fee of $20 is sustained upon the authority of Wooster v. Handy, 23 Blatchf. 112, 23 Fed. Rep. 49; The Anchoria, 23 Fed. Rep. 669; McLean v. Clark, Id. 861; Price v. Coleman, 22 Fed. Rep. 694; and Scharff v. Levy, 112 U. S. 711, 5 Sup. Ct. Rep. 360.