Elliott v. The Leah H. Miller
Elliott v. The Leah H. Miller
Opinion of the Court
On the 28th of March last the court decreed on the pleadings and proofs that the libellant should recover $120 for his services on board the vessel, but no costs were allowed him. The counsel for the li-bellant at the first opportunity thereafter, and during the term, moved a reargument of the case on the point of costs. The counsel for the claimants contended that the court had no power to grant a review of the former decisions, unless for error manifest upon the face of the decree, or because of
The rehearing allowed in this case is not •granted because of errors manifest on the face of the decree, nor on account of newly discovered evidence, but to examine under further lights a particular feature in the controversy, and accordingly the whole case Is re-opened in so far as any particular in it can be made to bear upon the question of. costs. Though costs do not appertain to decree in admiralty courts as necessary incidents ([Canter v. American & Ocean Ins. Co.] 3 Pet [28 U. S.] 319), yet the usage of those courts unquestionably is, to award costs to the successful party pretty much as a matter of course (Betts, Pr. 123), particularly when the recovery is of a debt or pecuniary demand (1 Hopk. 344). The decision in his favor is accepted as satisfactory evidence that inequitable impediments were placed in the way of his recovering his rights, or demands of an inequitable character were pursued against him, and that accordingly he is entitled to be in part remunerated therefor by the recovery of costs. This is more especially .so in respect to decisions on the merits where full contestation ■of suit has been had between the parties. But common law courts equally with chancery and civil law tribunals, exercise a broad discretion in allowing or denying costs, when the shape of the proceedings brings the court necessarily to weigh all the equities affecting the subject, and the party who substantially prevails will thus often be refused costs. 2 Wend. 631; 5 Wend. 78. And equity or admiralty tribunals, ■ proceeding ex aequo et bono, regard costs as a substantial •part of the equity of the case, and grant and •withhold them without any necessary dependence upon the decision of the main subject of contestation. [Canter v. American & Ocean Ins. Co.] 3 Pet. [28 U. S.] 319; The Ulpiano [Case No. 14,326]; 1 Johns. Ch. 77; Id. 166; 12 Johns. 500; [Riddle v. Mandeville] 6 Cranch [10 U. S.] 86; 3 Johns. Ch. 69; Id. 147.
Reference
- Full Case Name
- ELLIOTT v. The LEAH H. MILLER
- Status
- Published