The Rules of Practice in the United States Courts; Annotated (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...conditions as it shall in its discretion and by its rules prescribe. Rev. Stats. sec. 954. Decisions Where the Circuit Court dismisses the bill for want of jurisdiction it has no power to decree the payment of costs and penalty. Citizens Bank v. Cannon, 164 U. S. 319-324. Costs in equity are in the sound discretion of the court. Brookes 1). Bryan, 2 Story, 553; Fed. Cases, 1,949. Where a bill is dismissed the ordinary course is not to award costs to the plaintifi . lb. Where a. demurrer might be put in and instead thereof an answer is filed, and the bill is dismissed on its merits, defendants are not entitled to costs. lb. An exception to the rule that costs must go to the prevailing party, is found where the remedy in equity is refused, and yet the party may proceed at law; in such case, provided a stipulation is entered into by the party that he will not proceed at law, costs will not be allowed upon bill dismissed. Webb v. Bowers, 11 Law. Rep. 84; Fed. Cases, 17,319. Where required by the merits and justice of a case an amendment of a bill will be allowed after demurrer sustained against it. Hunt v. Rausmaniere, 2 Mason, 342; Fed. Cases, 6,898. No rule prohibits such amendment, and it comes within the principles of sec. 954, Rev. Stats. lb. The court will exercise its discretion cautiously on applications of this nature. lb. The fact that a demurrer is sustained to a bill which makes a good case upon a defective statement, and the bill amended by leave does not change the fact of jurisdiction of the res as the amendments relate back to and become part of the original bill, and a later suit in a State court will not acquire jurisdiction because of the defective allegations cured by amendment. Gaylor v. Ft. Wayne, ...