title:
The United States, Appellant vs D W Small, Appellee and D W Small, Plaintiff in error vs The United States, Defendant in error, Reply Brief of the United States
creator:
United States
contributor:
W. H. White
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