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Ex Parte Hughes

Ex Parte Hughes, 114 U.S. 548 (1885)
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Court
Supreme Court of the United States
Decided
May 4, 1885
Judges
Waite
Citations
114 U.S. 5485 S. Ct. 100829 L. Ed. 2811885 U.S. LEXIS 1792
Syllabus
The respondent in an original petition to- this court for a writ of mandamus which is denied, cannot tax as costs his disbursements for printing briefs: but a docket fee and disbursements for printing objections in the nature of pleadings, are taxable.
Summary
ORIGINAL. After announcement of the judgment in this cause, ante, 147, the respondent moved to tax as costs, 1, a docket fee, and 2, his disbursements for printing briefs of counsel, and objections to filing a reply to the relator to the return of the respondent.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

Mr. Chief Justice "Waite delivered the opinion of the court. It has never been the practice of this court, in cases brought before it under its appellate jurisdiction, to tax as costs disbursements by counsel or parties for printing briefs. We see no reason’for adopting a different rule in cases within our original jurisdiction.

A proceeding in this court, under its original jurisdiction, against a judge of an inferior court of the United States to obtain a writ of mandamus requiring him to proceed in a cause pending in court before him, is a civil cause, and a docket fee is, therefore, taxable in favor of the attorney of the prevailing party as part of the costs. The objections to the filing of the reply were in the nature of pleadings in the cause. The disbursements for printing such objections are, therefore, taxable as costs of printing the record.

The motion, so far as it relates to the printing of briefs, is denied, but in dll other respects grcmted.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1889: 21897: 11901: 11910: 11912: 11918: 11933: 11942: 11952: 118892026peak 1889 · 2

Relies on it most ⓘ

  1. Ford v. Atlantic Coast Line R. Co.169 S.E. 834 (S.C. 1933)
  2. Stein v. Expert Lamp Co.107 F. Supp. 60 (N.D. Ill. 1952)
  3. Smith v. Davis187 F. 40 (1st Cir. 1910)
  4. Lee Injector Mfg. Co. v. Penberthy Injector Co.109 F. 964 (6th Cir. 1901)
  5. Bond v. United Railroads128 P. 786 (Cal. Ct. App. 1912)
  6. Bailey v. Mississippi Home Telephone Co.254 F. 358 (M.D. Penn. 1918)

Most recent

  1. Stein v. Expert Lamp Co.107 F. Supp. 60 (N.D. Ill. 1952)
  2. Jorgensen v. Standard Oil Co.178 Misc. 740 (N.Y. Sup. Ct. 1942)
  3. Ford v. Atlantic Coast Line R. Co.169 S.E. 834 (S.C. 1933)
  4. Bailey v. Mississippi Home Telephone Co.254 F. 358 (M.D. Penn. 1918)
  5. Bond v. United Railroads128 P. 786 (Cal. Ct. App. 1912)
  6. Smith v. Davis187 F. 40 (1st Cir. 1910)

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.

Authorities cited 0

No citations to other opinions in this database were found.

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