United States v Small Respondents Reply

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United States v Small Respondents Reply

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title: United States Appellant vs David W Small Appellee, Points and authorities of Appellee

creator: David W. Small

contributor: Anders

contributor: Brents

contributor: Clark

date: 1888-01-01

publisher: Supreme Court of the Territory of Washington

type: Civil

subject: Timber

subject: Tax

language: eng

format: application/pdf

description: Prior History: CROSS-APPEALS from the District Court holding terms at Walla Walla. First District.Civil action by the United States to recover the value of timber cut by defendant on public lands of the United States and converted by him to his own use. Issues were joined and a trial had, resulting in a verdict and judgment for the plaintiff.Plaintiff filed a cost bill, in which were included fees of clerk, marshal, witnesses, and attorney, as provided by chapter 16, Revised Statutes of the United States; the whole amounting to $ 286.08.Complaint, Sufficiency of – Waiver – A complaint cannot be attached after judgment on appeal, if no objections have been reserved, if it is sufficient to support a judgment.Costs – United States Cases – In cases arising under the laws of the United States, the costs, fees, and disbursements must be taxed according to the provisions of the act of congress, and not according to the territorial statutes regulating costs, when the United States is the prevailing party. Witnesses, Fees of – Mileage – District Court, Jurisdiction of – Witness fees in United States cases are taxable, irrespective of distance, when the witness is summoned anywhere in the territory, he being compelled to attend without regard to distance. If the witness comes from without the territory, the on-hundred-mile limitation applies. For the purpose of compelling the attendance of witnesses, the process and jurisdiction of the District Courts are co-extensive with the territorial limit.

relation: United States v. Small, 3 Wash. Terr. 478 (1888)

relation: 17 P. 739

rights: These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf

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