Spreckels v. Weatherby

49 F. 463, 1892 U.S. Dist. LEXIS 38

Opinion

Butler, District Judge.

While the court has control over the subject of costs, and may impose them on either party, as in equity, they generally follow the event of the suit — always indeed except where something unusual appears, which renders it just to impose them on the other side. I do not find anything in this ease which would justify a departure from the general rule. The suggestion that a part of them, at least, should be borne by the libelant was made at an earlier stage in the proceedings, and the subject was reserved for consideration until this time. I have considered it fully in the light of the facts invoked by the respondent’s counsel, but cannot adopt his views respecting it.