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U.S. Supreme Court

Pennsylvania v. Wheeling & Belmont Bridge Company, 59 U.S. 18 How. 460 460 (1855)

Pennsylvania v. Wheeling & Belmont Bridge Company

59 U.S. (18 How.) 460


This Court has power, in a case of, original jurisdiction, to award costs against either of the parties.

The statutes of the United States upon the subject of costs, examined.

Moreover, this Court has equity jurisdiction in certain cases, under the Constitution of the United States, and in those cases, it is guided by the rules and principles of the Court of Chancery in England, as they existed when our constitution was formed. That court had power to award costs, and this Court must have the same power.

The bill of costs in this case was taxed by the clerk under the order of this Court. Either party had leave to file exceptions, but both parties, by a written agreement, waived all exceptions, and the court confirmed the report. After this, it is too late to object.

A motion to file a bill of review upon the subject of costs, and also for a retaxation of them is therefore, overruled.

This was a case of original jurisdiction upon the equity side of this Court, and was a sequel to the preceding case between the same parties.

Mr. Charles W. Russell as the solicitor for the Bridge Company, filed a petition praying leave to file a bill of review of an order of this Court, made at the December term, 1851, respecting the costs, in the original case between the parties. The petition set forth that this Court had no power to condemn either party to a suit originally brought in this Court to pay the costs of the suit, or if it had the power, then the amount of costs must be regulated by some previous act of Congress or rule of this Court. It also set forth that the report of the clerk, which was confirmed by an order, was liable to objection, and prayed that the report might be reopened.

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