New Jersey Terminal Dock & Improvement Co. v. Estates of Long Beach

Citations

• 179 F. 973
• 1910 U.S. App. LEXIS 5442

Syllabus

<p>1. Courts (§ 357*) — United States Courts — Procedure—Fees of Referee.</p> <p>The fees of a referee appointed by an order of the United States Circuit Court must be controlled by the allowance of the court, If not agreed on by the parties, and are not affected by the statutory fees prescribed by the state.</p> <p>[Ed. Note. — For other eases, see Courts, Cent. Dig. § 938; Dec. Dig. § 357.*]</p> <p>2. Costs (§ 148*) — Stipulations—Fees of Referee.</p> <p>It is against public policy to stipulate that any statutory provision as to the expenses of litigation is to be waived, and to agree, either with or on behalf of the referee, that anything he and the successful party may agree upon shall he collected from the unsuccessful party, without the power of review by any court, even that by whose order reference is had.</p> <p>[Ed. Note. — For other cases, see Costs, Cent. Dig. § 575; Dec. Dig. § [48.*]</p> <p>3. Courts (§ 357*) — United States Courts — Fees of Referee — Stipulations.</p> <p>A stipulation that a referee shall receive a reasonable compensation for his services, under practice in the United States courts adopting so far as may be the procedure of the state of New York, where the action was begun is not only within the control of the court, but should be pre-' seuted to the court for determination, if the parties do not agree what is a reasonable amount.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 938; Dec. Dig. § 357.*]</p> <p>4. Reference (§ 76*) — Referee’s Fees — Stipulations.</p> <p>Under a stipulation for reasonable compensation to a referee, the amount involved and benefit to both parties, as well as the standard of what charge the referee would make to a client, must be taken into account, since the referee is an officer of the court.</p> <p>[Ed. Note. — For other cases, see Reference, Cent. Dig. § 110; Dec. Dig. § 76.*]</p>