sprague ticonic nat bank argued march decided april harvey eaton waterville petitioner george barse washington respondents justice frankfurter delivered opinion case certiorari circuit appeals first circuit affirmed decree district district maine sprague picher denying petition allowance counsel fees expenses regular taxable costs certiorari granted important question judicial administration pertaining exercise federal equity jurisdiction raised case another phase litigation ticonic bank sprague circumstances must summarized lay bare problem us march lottie sprague petitioner delivered ticonic national bank waterville maine trust others beneficial interests trust agreement part amount deposited bank savings department rest funds deposited bank commercial checking department trust funds awaiting investment distribution secured appropriate amount bonds set aside trust department required section amended federal reserve act stat amended stat august people national bank took assets including earmarked bonds assumed indebtedness ticonic bank march people bank closed banks went hands receiver thereafter july petitioner beneficiary filed bill district banks receiver impress upon proceeds bonds lien trust deposit district sustained claim entered decree discharge lien interest date filing bill payment plaintiffs taxable costs appeal circuit appeals first disallowed interest rehearing affirmed decree district costs granted certiorari question allowance interest disposition ticonic bank sprague supra present proceedings begun petitioner alleged vindicating claim lien proceeds earmarked bonds amount trust funds established matter law right recovery relation fourteen trusts situations like prosecuted litigation solely expense although total assets bank sufficient satisfy unsecured creditors proceeds bonds sufficient discharge trust obligations therefore prayed reasonable counsel fees litigation expenses paid proceeds bonds district held authority grant petition ground appeal decree supp function perform carry mandate received mandate simply effect directing carry mandate circuit appeals turn simply effect required execute original final decree issuing execution certain sum money costs courts circuit appeals affirmed reasons stated district reason term decree entered petition amend filed long since passed obviously courts disposed petition considered disallowance attorney fees litigation expenses circumstances particular suit deemed award costs beyond power district whether action district merits petition foreclosed mandate ticonic bank sprague supra limited restrictions terms may impose questions subsidiary power federal courts equity suits allow counsel fees expenses entailed litigation included ordinary taxable costs recognized statute allowance costs appropriate situations part historic equity jurisdiction federal courts suits equity courts given ever since first judiciary act stat constituted body remedies procedures practices theretofore evolved english subject course modifications congress michaelson sources bearing english support power give fixed allowance various steps suit known costs party party also much entire expenses litigation one parties fair justice party permit technically known costs solicitor client sure usual case one complainant efforts fund recovered others share sometimes complainant avowedly sues common others litigation results fund group though profess representative present case presents variant latter situation main suit petitioner neither avowed representative class automatically establish fund others participate view consequences stare decisis petitioner establishing claim necessarily established claims fourteen trusts pertaining bonds party situation like present neither purported sue class formally established litigation fund available class seem differentiating factor far affects source recognized power equity grant reimbursements kind petitioner case appealed chancellor discretion plainly foundation historic practice granting reimbursement costs litigation conventional taxable costs part original authority chancellor equity particular situation whether one professes sue representatively formally makes fund available others may course relevant circumstance making fund liable costs producing fund practical purposes created benefit others formalities absence avowed class suit creation fund stare decisis rather hardly touch power equity justice party beneficiaries litigation much else pertains equitable jurisdiction individualization exercise discretionary power alone retain equity living system save sterility actual exercise power award costs solicitor client sorts practical distinctions taken distributing costs burden litigation circumstances petitioner enforced fiduciary obligation ticonic relation vindication beneficiaries similarly situated actually well interest common creditors funds bank sufficient pay full doubtless must enter ultimate judgment district fairness making award extent award solicitor client case event allowances appropriate exceptional cases dominating reasons justice concerned solely power entertain petition without considering historic authority equity matters district deemed powerless foreclosed mandate ticonic bank sprague supra general proposition moved bound carry mandate upper execution consider questions mandate laid indisputable compare kansas city southern ry guardian trust leaves us still consider whether immediate issue controversy disposed main litigation therefore foreclosed mandate mandate controlling matters within compass remand lower free issues see sanford fork tool ex parte century indemnity certainly claim solicitor client costs directly issue original proceedings sprague neither circuit appeals disposition therefore mandate either implied claim costs necessarily implied claim original suit failure ask costs implied waiver implications repelled basis costs granted routine character like ordinary taxable costs contingent upon exigencies equitable litigation final disposition entire process including appeal place claim much better perspective earlier stage considerations underlay decision trustees greenough holding order allowing costs solicitor client final judgment purposes appeal inquiry collateral one distinct independent character therefore hold issue instant case sufficiently different presented ordinary questions regarding taxable costs impliedly covered neither original decree mandates neither constituted bar disposal petition merits finally must notice separate ground taken circuit appeals basis deemed requirements terms new rules civil procedure following section rendered anachronistic technical niceties pertaining terms law ruling district question made prior operation new rules since view petition reimbursement independent proceeding supplemental original proceeding request modification original decree suggestion circuit came end term main decree entered therefore decision circuit appeals must reversed district may entertain petition reimbursement light appropriate equitable considerations reversed justice mcreynolds justice butler concur result justice douglas took part consideration decision case footnotes see robinson campbell wheat boyle zacharie pet pennsylvania wheeling bridge co payne hook wall rule xxxiii rules practice courts equity wheat xiii rule xc rules practice courts equity xli lxix story equity jurisprudence ed street federal equity practice see lomax hide vern ramsden langley vern attorney general carte dick attorney general haberdashers tonna brown ex parte thorpe moggridge thackwell dungey angove see adair law costs courts equity barbour chancery practice ed beames costs equity ed daniell chancery pleading practice ed smith chancery practice ed one must course unmindful inadequacy chancery reports see york life lord chancellor hardwicke particularly matters costs see beames costs equity advertisement second edition current authority uniform unequivocal power federal courts give costs recognized implication first judiciary act act september ch sec stat statutory system prior required party costs taxed basis fees allowed state practice act stat set uniform scale fees party costs federal courts see costs civil cases street federal equity practice sts solicitor client english practice followed held allowance costs within authority federal courts trustees greenough dodge tulleys meddaugh wilson compare central pettus see cyclopedia federal procedure foster federal practice ed street federal equity practice compare practice admiralty shown appollon wheat canter american insurance companies pet provisions fee bill certain specified fees others shall taxed attorneys courts applies party costs trustees greenough tootal spicer sim hood wilson russ stanton hatfield keen sutton doggett beav goldsmith russell henderson doods eq ferguson gibson eq jervis wolferstan eq thomas jones sm compare richardson examples discretionary nature authority equity tax costs see daniell chancery pleading practice ed street federal equity practice see daniell chancery pleading practice ed street federal equity practice kansas city southern ry guardian trust supra costs solicitor client asked suggestions appeal original disposition cause circuit appeals affirming merits passed suggestions way interpreted allow party costs appeal taken point subsequent application district client costs therefore held barred trustees greenough supra suit brought holder certain bonds trustees state improvement fund alleging mismanagement waste fund secure bonds asking claim allowed fund charged payment thereof accounting relief granted much property reclaimed fund agents appointed sale property fund purposes liquidation liquidation holder bonds initiated proceedings filed petition allowance fund costs solicitor client costs allowed without suggestion application timely prior adoption new rules civil procedure final decree suit equity revised term entry cameron wheat buckeye hocking valley limitation existed power district grant rehearing appealable decree equity rule time limitations longer applicable rules rules civil procedure following section set forth time actions may taken sections passage term material indeed rule provides period time provided act taking proceeding affected limited expiration term expiration term way affects power act take proceeding civil action pending stated notes rules civil procedure prepared advisory committee march section difficulties caused expiration terms