Urner v. Kayton

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

Urner v. Kayton

17 F. 539, 21 Blatchf. 428, 1883 U.S. App. LEXIS 2299

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

DecidedAugust 2, 1883

StatusPublished

Cited by1 cases

This text of 17 F. 539 (Urner v. Kayton) 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

Urner v. Kayton, 17 F. 539, 21 Blatchf. 428, 1883 U.S. App. LEXIS 2299 (circtsdny 1883).

Pincite

Opinion

Wheeler, J.

This cause has now been heard on motion of the master for payment of his fees on the accounting. It is agreed that his fees amount to $150. Each party insists that the other should pay them. The question now is, not how the costs shall finally he allowed and taxed in favor of either party against the other, which can he determined properly only at the making of the final decree, hut is, which party shall pay these fees in the first instance ? As the defend[540]*540ants have been adjudged to be infringers, and decreed to account for the gains, profits, and damages of their infringemeht, they are to go forward in the accounting and bear the necessary expenses of doing so, among which are the master’s fees. This was so held in Bridges v. Sheldon, Dist. Vt. Oct. Term, 1879.

Let an order be entered that the defendants pay these fees within, 15.days from the entry of the order.

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Wheeler, J.

This cause has now been heard on motion of the master for payment of his fees on the accounting. It is agreed that his fees amount to $150. Each party insists that the other should pay them. The question now is, not how the costs shall finally he allowed and taxed in favor of either party against the other, which can he determined properly only at the making of the final decree, hut is, which party shall pay these fees in the first instance ? As the defend[540]*540ants have been adjudged to be infringers, and decreed to account for the gains, profits, and damages of their infringemeht, they are to go forward in the accounting and bear the necessary expenses of doing so, among which are the master’s fees. This was so held in Bridges v. Sheldon, Dist. Vt. Oct. Term, 1879.

Let an order be entered that the defendants pay these fees within, 15.days from the entry of the order.

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Bluebook (online)

17 F. 539, 21 Blatchf. 428, 1883 U.S. App. LEXIS 2299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/urner-v-kayton-circtsdny-1883.

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