Regan v. Dillon
Franklin A. Regan v. Herbert L. Dillon and Another
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Proskauer, J.
The defendants seek to compel the clerk to tax as costs a premium paid by defendants upon an undertaking to stay execution under a judgment subsequently reversed. The only authority for this is subdivision 10 of section 1518 of the Civil Practice Act, which provides that a bill of costs shall include “ such other reasonable and necessary expenses as are taxable according to the course and practice of the court * * In the United States Circuit Court of this district the cost of a supersedeas bond has been allowed as costs. (Edison v. American Mutoscope Co., 117 Fed. 192 ) It is unquestionable, however, that such has not been the course or practice of this court! Therefore, despite the persuasive reasoning of Judge Lacombe in that case, I am constrained to deny the motion.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.