Grant v. Phoenix Mut. Life Ins. Co. Grant and Another v. Same

Supreme Court of the United States
Grant v. Phoenix Mut. Life Ins. Co. Grant and Another v. Same, 120 U.S. 271 (1887)
7 S. Ct. 586; 30 L. Ed. 658; 1887 U.S. LEXIS 1972

Grant v. Phoenix Mut. Life Ins. Co. Grant and Another v. Same

Opinion

Mr. Chief Justice Waite

delivered the opinion of the court.

We find that the cost-of printing the record in No. 185 has been............$1327.00 and .that- the estimated clerk’s fees in the same case are......'..........*. 900.00

In all.............: . $2227.00

Of this the appellant has paid :

1. To the printer........$552

2. To the clerk........400 952.00

Leaving a balance of ."..... . $1275.00

which the appellant represents himself as unable to pay, and the nrinter will not allow the requisite number of the printed copies to be delivered for use at the hearing until his claim is satisfied. The money in the hands of the receiver has been collected from the rents of the mortgaged property during the pendency of the suit. We, therefore; direct that there be paid by the receiver to the clerk of this court the sum of $1275, to be by him used in payment of the amount now due for printing the record, -and the amount of his own taxable fees in the *273 case, not already paid by the appellant. A copy of this order may be certified to the. court below so that it may be carried into effect by an appropriate order of that court upon, the receiver.

The, motion papers now. on file do not show that the matters involved in the appeal in No. 1201 are of a character to make it proper to direct that the clerk’s costs and the expense of printing the record in that case he paid by the receiver. Except as to the payment of clerk’s- fees and printer’s charges in No. 165 as above, the motions are overruled.

Motion granted in part and-denied m part as to first suit / and denied as to second.

Reference

Full Case Name
GRANT v. PHÆNIX LIFE INSURANCE COMPANY; GRANT and Another v. SAME
Status
Published
Syllabus
In a suit for foreclosing a mortgage, it appearing that a receiver has been appointed of the mortgaged premises, and that the mortgagor, appellant, is unable to pay the cost of printing the record on appeal, and that there are rents and profits in the receiver’s hands collected during the pendency of the suit, the court orders tile-receiver to pay to the clerk the sum estimated to be necessary to complete the cost of printing the record.