Ewing, Federal Security Administrator, v. Gardner, Executor (341 U.S. 321)

U.S. Supreme Court · decided May 7, 1951 · Supreme Court Database (Spaeth)

Citation
341 U.S. 321 · 71 S. Ct. 684
Decided
May 7, 1951
Term
October Term 1950
Vote
9–0
Issue area
Judicial Power
Disposition
Reversed
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

Per Curiam. The petition for writ of certiorari is granted. The sole question presented by the petition is the validity of the affirmance by the Court of Appeals of the judgment rendered against the petitioner for costs by the District Court. There being no express statutory authority for the allowance of costs to the respondent, such an award of costs is precluded by 28 U. S. C. § 2412 (a). The judgment of the Court of Appeals, insofar as it relates to the taxation of costs against the petitioner, is therefore reversed.

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