United States Supreme Court Cases & Opinions

U.S. Supreme Court

St. Louis & S.F. R. Co. v. Spiller, 275 U.S. 156 (1927)

St. Louis & San Francisco Railroad Company v. Spiller

No. 577, October Term, 1926

Submitted October 3, 1927

Decided November 21, 1927

275 U.S. 156

Syllabus

1. Errors in a mandate due to mistake of the clerk may be corrected after expiration of the term at which the judgment was entered. P. 275 U. S. 157.

2. The provision of par. 2 of § 16 of the Act to Regulate Commerce, as amended, which exempts the petitioner in a suit to enforce a reparation order from costs in the district court or "at any subsequent stage" of the proceedings, unless they accrue upon his appeal, is inapplicable to a suit based on a judgment recovered on a reparation order, and brought for the purpose of enforcing an alleged equity or lien against property once belonging to the judgment debtor carrier, which had been sold on foreclosure. P. 275 U. S. 158.

3. Under Rule 29(3) of this Court, in the absence of specific provision to the contrary, costs are allowed against the defendant in error, appellee, or respondent when the judgment or decree below is reversed in part and affirmed in part, and a provision for their payment is properly inserted in the mandate by the clerk. P. 275 U. S. 159.

Motion to retax costs denied.

Motion to amend the judgment and retax costs in 274 U. S. 304.

Page 275 U. S. 157