Houghton v. Whitin Machine Works

U.S. Circuit Court for the District of Massachusetts

Houghton v. Whitin Machine Works

163 F. 311, 1908 U.S. App. LEXIS 5233

CourtU.S. Circuit Court for the District of Massachusetts

DecidedApril 6, 1908

DocketNo. 340

StatusPublished

This text of 163 F. 311 (Houghton v. Whitin Machine Works) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Houghton v. Whitin Machine Works, 163 F. 311, 1908 U.S. App. LEXIS 5233 (circtdma 1908).

Pincite

Opinion

LOWELL, Circuit Judge.

The court has to decide: What daily allowance should be made to a master in an accounting under a bill in equity for the infringement of a patent ? The master has. asked an allowance of $35. Counsel for the defendant has objected thereto.

An examination of the practice of this court shows that no regular fee is now established, either by rule or by custom. Some masters have charged at a higher rate; others, at a lower. After conference with the other judges, and careful consideration of the matter, I am authorized to say that we think $25 may be taken to be the normal rate of daily allowance, áubject to increase or reduction where particular cause is shown. The allowance in the case at bar is fixed accordingly. In other respects, the allowance asked by the master will be ordered.

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LOWELL, Circuit Judge.

The court has to decide: What daily allowance should be made to a master in an accounting under a bill in equity for the infringement of a patent ? The master has. asked an allowance of $35. Counsel for the defendant has objected thereto.

An examination of the practice of this court shows that no regular fee is now established, either by rule or by custom. Some masters have charged at a higher rate; others, at a lower. After conference with the other judges, and careful consideration of the matter, I am authorized to say that we think $25 may be taken to be the normal rate of daily allowance, áubject to increase or reduction where particular cause is shown. The allowance in the case at bar is fixed accordingly. In other respects, the allowance asked by the master will be ordered.

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Bluebook (online)

163 F. 311, 1908 U.S. App. LEXIS 5233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houghton-v-whitin-machine-works-circtdma-1908.