Snyder v. McCarthy

Citations

• 197 F. 166
• 116 C.C.A. 390
• 1912 U.S. App. LEXIS 1284

Syllabus

<p>1; Costs (§ 215*) — Taxation by Clerk — Appeal—Time to Take.</p> <p>Circuit Court rule 23, providing for the taxation of costs by the clerk and for an appeal therefrom to the court within 10 days “after such taxation by the clerk, but not afterwards,” requires the taking of an appeal within 10 days after the taxation by the clerk.</p> <p>[Ed. Note. — For other cases, see Costs, Cent. Dig. §§ 797, 802, 816, 826; Dec. Dig. § 215.*]</p> <p>2. Costs (§ 215*) — Taxation by Clerk — Appeal—Time to Take — Waiver. Where an appeal from the taxation of costs by the clerk is taken after the time .xecl by Circuit Court rule 23, and the successful party brings the same on for determination before the court on notice of time of hearing, he does not waive the objection that the appeal was not taken within the 10 days.</p> <p>[Ed. Note. — For other cases, see Costs, Cent. Dig. §§ 797, 802, 816, 826; Dec. Dig. § 215.*]</p>