Newton v. Consolidated Gas Co., 265 U.S. 78 (1924)

Newton v. Consolidated Gas Company

No. 565

Argued March 4, 1924
Decided May 12, 1924
265 U.S. 78

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

1. Where a New York commission, made a defendant in the district court, was later abolished by c. 134, New York Laws 1921, held that its joinder, or exclusion by summons and severance, was not necessary to sustain an appeal by its codefendants from an order taxing costs. P. 81.

2. An order of the district court taxing costs in an equity suit otherwise ended has the finality requisite for review by appeal. P. 82.

3. The rule of the federal courts forbidding appeals from decrees for costs only does not apply when the power of the court to assess the items in question, and not merely the exercise of its discretion, is in issue. Id.

4. The district court, finding a statutory gas rate confiscatory, enjoined public officials from enforcing it, but, as a condition, required the plaintiff gas company to impound with a special master all sums collected from consumers in excess of the rate, pending determination of the case on appeal, and, later, for the protection of the plaintiff and to benefit consumers, permitted the plaintiff to withdraw the fund so accumulated by substituting surety bonds, conditioned for its return with substantial interest should the rate be upheld. The injunction having been affirmed, held that the premiums paid for the bonds were taxable, and rightly taxed, against the defendants as costs in conformity with a usage of that district. P. 84.

291 F. 704 affirmed.

Appeal from a decree of the district court taxing costs. For other phases of the suit, see258 U.S. 165, 259 U.S. 101, and 264 U.S. 571.