Arcambel v. Wiseman — 3 U.S. 306

Majority

p. 306

Arcambel versus Wiseman.

Syllabus

THE decree of the Circuit Court, for the Diftritft of Rhode Ifland, was affirmed-in this caufe, without argument, the principal queftion, which it involved, having been juft decided upon the difcuffion of another writ of error. • It appeared, however, by an eftimate of the damages on which the decree was founded, and which was annexed to the record, that a charge of 1600 dollars for counfel’s fees in the courts below, had beeen' allowed ; to which Caxe objeiSed ; and In-gerfoll contended that it might fairly be'included, under the idea of damages. But

:—We do not think that this charge ought to be allowed. The general pra£lice of the United States is in opofttion to it; and even if that pratftice. were not ftridtly correct in principle, it is entitled to the refpeét of the court, till it is changed, or modified, by ftatute. ; ■

There are feveral ways in which the- charge may be expunged: l?ut we recommend, as, perhaps, the eafieft way; that the counfel for the Defendant in error, ihould enter a remitti . tur for the amount. .

A remittitur was accordingly entered.