City of Stuart v. Green

Fifth Circuit

City of Stuart v. Green

94 F.2d 942, 1938 U.S. App. LEXIS 4549

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 19, 1938

DocketNo. 8437

StatusPublished

Cited by2 cases

This text of 94 F.2d 942 (City of Stuart v. Green) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Stuart v. Green, 94 F.2d 942, 1938 U.S. App. LEXIS 4549 (5th Cir. 1938).

Pincite

Opinion

PER CURIAM.

The judgment of this court reversing the judgment of the District Court for want of jurisdiction in that court was entered on July 15, 1937. Rehearing was denied August 13, 1937. A second application for rehearing was dimissed September 11, 1937. The opinion is silent as to costs. The mandate directed the taxing of only the costs of appeal against appellee. The motion is on the ground that this court having held that the District Court was without jurisdiction, no costs could be taxed. While -we held that the District Court was without-jurisdiction, this court had jurisdiction to reverse the judgment on that ground. The costs of appeal were therefore taxable. Where the opinion is silent as to costs, costs of appeal automatically follow the judgment.

No clerical error appearing, the motion is denied.

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PER CURIAM.

The judgment of this court reversing the judgment of the District Court for want of jurisdiction in that court was entered on July 15, 1937. Rehearing was denied August 13, 1937. A second application for rehearing was dimissed September 11, 1937. The opinion is silent as to costs. The mandate directed the taxing of only the costs of appeal against appellee. The motion is on the ground that this court having held that the District Court was without jurisdiction, no costs could be taxed. While -we held that the District Court was without-jurisdiction, this court had jurisdiction to reverse the judgment on that ground. The costs of appeal were therefore taxable. Where the opinion is silent as to costs, costs of appeal automatically follow the judgment.

No clerical error appearing, the motion is denied.

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Bluebook (online)

94 F.2d 942, 1938 U.S. App. LEXIS 4549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-stuart-v-green-ca5-1938.

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