Consolidated Cal. & Va. Min. Co. v. Baker

Citations

• 131 F. 989
• 1904 U.S. App. LEXIS 4970

Syllabus

<p>1. Costs — Allowance in Equity.</p> <p>While tbe allowance of costs in an equity suit is not governed by statute, and is largely within tbe discretion .of tbe court, tbe general rule is that tbe prevailing party in cases in equity, as at law, is entitled to recover costs ; and a plaintiff in an action in ejectment for mining property and also in a suit in equity against tbe same defendant to enjoin trespass thereon, wbo recovers in both cases on issues joined, will be allowed costs in both, although it recovered only as to part of tbe ground claimed, tbe title of each party to a portion thereof being stipulated on tbe trial.</p> <p>¶ 1. Right to costs in equity, see note to Tug River Coal & Salt Co. v. Brigel, 17 C. C. A. 308.</p> <p>See Costs, vol. 13, Cent. Dig. § 10P</p>