United States Supreme Court Cases & Opinions

U.S. Supreme Court

Sizer v. Many, 57 U.S. 16 How. 98 98 (1853)

Sizer v. Many

57 U.S. (16 How.) 98

Syllabus

Where a judgment in a patent case was affirmed by this Court with a blank in the record for costs, and the circuit court afterwards taxed these costs at a sum less than two thousand dollars and allowed a writ of error to this Court, this writ mast be dismissed on motion.

The writ of error brings up only the proceedings subsequent to the mandate, and there is no jurisdiction where the amount is less than two thousand dollars, either under the general law or the discretion allowed by the patent law. The latter only relates to cases which involve the construction of the patent laws and the claims and rights of patentees under them.

As a matter of practice, this Court decides that it is proper for circuit courts to allow costs to be taxed, nunc pro tunc, after the receipt of the mandate from this Court.

Page 57 U. S. 102