The Carnia

S.D. New York

The Carnia

1 F. Supp. 219, 1932 U.S. Dist. LEXIS 1695

CourtDistrict Court, S.D. New York

DecidedApril 12, 1932

StatusPublished

Cited by1 cases

This text of 1 F. Supp. 219 (The Carnia) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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The Carnia, 1 F. Supp. 219, 1932 U.S. Dist. LEXIS 1695 (S.D.N.Y. 1932).

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Opinion

CAFFEY, District Judge.

The fact that the consent dismissal was “with costs” does not avoid the necessity of determining of what items, in such circumstances, costs consist.

Under R. S. § 824 (28 USCA § 572), it seems settled in this district that, the cause having been dismissed without trial, a docket fee cannot be taxed. The Dwinsk (D. C.) 227 F. 958. Cf. Peerless Light Co. v. Leviton (D. C.) 247 F. 606.

Apart from the somewhat ambiguous phraseology contained in the stipulation when the depositions were taken, where, as here, they were not put in evidence, the rule in this district is that “disbursements with respect to said depositions” cannot be included in the bill of costs. The Persiana (D. C.) 158 F. 912.

No decision to the contrary has been called to my attention by the claimant.

Motion for retaxation, so as to eliminate the docket fee and the disbursements, granted. Settle order on notice.

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