United States Supreme Court Cases & Opinions

U.S. Supreme Court

Nichols, Shepard & Co. v. Marsh, 131 U.S. 401 (1889)

Nichols, Shepard and Company v. Marsh

No. 95

Submitted March 18, 1889

Decided April l, 1889

131 U.S. 401

ORIGINAL MOTION IN A CASE BROUGHT UP BY APPEAL

Syllabus

M. filed a bill in equity against S. for the infringement of letters patent. S. answered and filed a cross-bill. The decree dismissed the original bill

Page 131 U. S. 402

from which M. appealed. Thereupon S. took an appeal in the cross-suit from rulings excluding evidence. In this Court, the clerk required S. to pay one-half the cost of printing the record. This Court, after argument, affirmed the decree dismissing the original bill and dismissed the cross-appeal. 128 U. S. 128 U.S. 605. Held that S. was entitled to recover of M. the amount so paid.

After the entry of the decrees in Marsh v. Nichols and Nichols v. Marsh, 128 U. S. 605, the following motion was made, entitled in the two causes:

"And now comes the said defendant, Nichols, Shepard & Co., by Charles F. Burton, their solicitor, and moves the court now here that they, the said Nichols, Shepard & Co., do recover against the said Elon A. Marsh, Minard Lefever, and James Scott, as costs to be taxed in their favor, one-half of the amount required for printing the record and supervising the printing of the record in said causes, in addition to the amount, taxable and to be taxed, in their favor in the first above entitled cause."