Sackett v. Smith

U.S. Circuit Court for the District of Southern New York

Sackett v. Smith

46 F. 39, 1891 U.S. App. LEXIS 1204

CourtU.S. Circuit Court for the District of Southern New York

DecidedApril 20, 1891

StatusPublished

This text of 46 F. 39 (Sackett v. Smith) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sackett v. Smith, 46 F. 39, 1891 U.S. App. LEXIS 1204 (circtsdny 1891).

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Opinion

Coxe, J.

It seems to me that the item objected to was a proper disbursement and should be taxed. It frequently happens that equity causes go to argument before the briefs are printed, and, where the argument proceeds in this manner without objection, there can be no reason for holding that the right to tax such disbursements is lost because the printing took place alter the commencement of the argument. In the present case it is not denied that the brief in question was a necessary and proper one. The only objection to the allowance of the item is that the brief was printed after the commencement of the argument. The objection is insufficient.

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Coxe, J.

It seems to me that the item objected to was a proper disbursement and should be taxed. It frequently happens that equity causes go to argument before the briefs are printed, and, where the argument proceeds in this manner without objection, there can be no reason for holding that the right to tax such disbursements is lost because the printing took place alter the commencement of the argument. In the present case it is not denied that the brief in question was a necessary and proper one. The only objection to the allowance of the item is that the brief was printed after the commencement of the argument. The objection is insufficient.

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Bluebook (online)

46 F. 39, 1891 U.S. App. LEXIS 1204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sackett-v-smith-circtsdny-1891.