A libelant whose libel against the United States for repairs on
a vessel was dismissed by the district court but sustained by this
Court on appeal
held entitled, under the Suits in
Admiralty Act, to costs in the district court and this Court, and
interest as that court shall order in accordance with the statute.
P.
267 U. S. 87.
Appeal from a decree of the district court in admiralty which
dismissed a libel for repairs. The decree was reversed
(
see 266 U. S. 266 U.S.
108), and the present decision is upon an application to withdraw
the mandate and to award costs.
MR. CHIEF JUSTICE TAFT delivered the opinion of the Court.
On November 17, 1924, this Court reversed the decree of the
District Court for the Southern District of New York, dismissing a
libel in admiralty against the United States, brought to recover
the value of repairs made on the steamship
Biran, owned by
the United States. The suit
Page 267 U. S. 87
was brought under an act authorizing suits against the United
States in admiralty, etc., approved March 9, 1920, c. 95, 41 Stat.
525. Nothing was said in the opinion about costs. The ordinary rule
is that costs are not allowed against the United States.
Pine
River Co. v. United States, 186 U. S. 279,
186 U. S. 296;
Stanley v. Schwalby, 162 U. S. 255,
162 U. S. 272;
United States v.
Ringgold, 8 Pet. 150,
33 U. S. 163;
The Antelope,
12 Wheat. 546,
25 U. S. 550.
The mandate issued by the clerk accordingly did not award any costs
against the United States. The appellant now applies for a
withdrawal of the mandate in order to award them. He relies on ยง 3
of the act under which the suit was brought. That provides that
such suits shall proceed and shall be heard and determined
according to the principles of law and to the rules of practice
obtaining in like cases between private parties. A decree against
the United States may include costs of suit, and when the decree is
for money judgment, interest also at the rate of 4 percent per
annum until satisfied, or at any higher rate which shall be
stipulated in any contract upon which such decree shall be based.
Interest is to run as ordered by the court. In accordance with this
provision, we must assess the costs of this appeal against the
United States, and direct the district court to assess also the
costs of suit in that court and interest as that court shall order
it in accordance with the statute.
It is so ordered.