peterson
argued
march
decided
june
abram
rose
new
york
city
petitioner
george
zabriskie
new
york
city
respondent
justice
brandeis
delivered
opinion
petition
writ
mandamus
prohibition
brought
walter
peterson
receiver
interstate
coal
company
honorable
augustus
hand
judge
district
southern
district
new
york
facts
specific
relief
sought
peterson
brought
action
law
arthur
sidney
davison
recover
balance
alleged
due
coal
sold
delivered
shown
long
schedule
annexed
answer
substantially
admitted
items
set
forth
schedule
filed
plaintiff
denied
presented
full
account
transactions
parties
alleged
deliveries
coal
payments
defendant
made
also
entitled
additional
allowances
alleged
way
counterclaim
plaintiff
indebted
failure
perform
contracts
coal
sum
response
demand
bill
particulars
defendant
filed
schedules
containing
items
proposed
establish
way
defense
upon
motion
defendant
objection
plaintiff
judge
hand
appointed
auditor
fed
instructions
make
preliminary
investigation
facts
hear
witnesses
examine
accounts
parties
make
file
report
office
clerk
view
simplifying
issues
jury
finally
determine
issues
action
final
determination
issues
fact
made
jury
trial
auditor
power
compel
attendance
administer
oaths
witnesses
expense
auditor
including
expense
stenographer
paid
either
parties
action
accordance
determination
trial
judge
auditor
ws
ordered
report
certain
facts
classifications
design
largely
separate
items
dispute
real
dispute
also
set
forth
detailed
facts
specific
claims
made
rested
auditor
also
thereby
required
express
opinion
disputed
issues
thus
various
penalties
commissions
cash
discounts
deductions
defendant
claims
entitled
deduct
invoice
price
various
shipments
items
thereof
admitted
plaintiff
proper
deductions
items
dispute
opinion
disputed
items
opinion
net
amount
due
invoice
coal
sold
delivered
defendant
thereupon
application
made
leave
file
petition
prays
judge
hand
auditor
named
prohibited
proceeding
order
appointing
prays
also
judge
hand
judge
may
time
hold
trial
term
commanded
restore
case
trial
calendar
tried
regular
usual
way
leave
file
petition
granted
sup
ed
order
show
cause
issued
petitioner
insists
district
without
power
make
order
appointing
auditor
proceedings
thereunder
violate
seventh
amendment
federal
constitution
first
objection
made
respondent
jurisdiction
insisted
district
jurisdiction
parties
cause
action
auditor
proceed
perform
duties
assigned
report
used
trial
jury
plaintiff
protect
rights
exceptions
subject
review
circuit
appeals
writs
prayed
may
used
merely
correct
errors
proceedings
pursuant
appointment
auditor
deprive
petitioner
right
trial
jury
order
said
ex
parte
simons
sup
ed
dealt
plaintiff
put
difficulties
courts
inconvenience
raised
proceeding
ultimately
must
held
required
mistake
objection
jurisdiction
unfounded
proceed
therefore
consideration
merits
petition
second
question
presented
one
power
district
circumstances
appoint
auditor
duties
prescribed
without
consent
parties
facts
clearly
warranted
action
instance
plaintiff
sued
balance
alleged
due
account
annexed
containing
items
defendant
set
another
account
containing
items
included
latter
besides
certain
charges
defendant
additional
deliveries
cash
items
credit
allowed
plaintiff
account
items
alleged
arise
different
deliveries
cargoes
partial
cargoes
coal
made
different
days
period
months
coal
delivered
various
kinds
invoice
prices
kind
differed
time
time
respect
deliveries
claims
allowances
way
penalties
commissions
cash
discounts
claims
allowances
account
freight
district
found
order
render
possible
intelligent
consideration
case
jury
necessary
appoint
auditor
confer
upon
two
functions
first
segregate
itmes
upon
parties
agreed
classify
actually
controversy
thus
defined
issues
aid
jury
directing
attention
th
matters
dispute
second
function
auditor
form
judgment
express
opinion
upon
items
found
dispute
order
perform
functions
auditor
required
merely
examine
books
vouchers
papers
make
computations
hear
pass
upon
conflicting
testimony
parties
witnesses
full
hearing
obviously
necessary
enable
auditor
form
trustworthy
judgment
disputed
items
serve
also
narrow
field
controversy
tentative
trial
acts
sifting
process
misunderstandings
misconceptions
facts
frequently
removed
course
many
contentions
assumptions
made
one
party
abandoned
agreement
thus
reached
facts
liability
alleged
arise
even
items
relate
remain
dispute
see
fair
manhattan
ins
mass
order
expressly
declared
auditor
determine
issues
action
final
determination
issues
fact
made
jury
trial
provide
affirmatively
use
made
report
trial
may
assumed
accepted
report
admitted
trial
jury
prima
facie
evidence
evidentiary
facts
conclusions
fact
therein
set
forth
report
evidence
sufficient
satisfy
burden
proof
wyman
whicher
mass
tend
dispense
introduction
trial
jury
evidence
matter
actually
dispute
appointment
auditor
thus
serve
shorten
jury
trial
reducing
number
facts
established
evidence
number
questions
controversy
intelligent
consideration
issues
submitted
jury
final
determination
result
third
prior
adoption
federal
constitution
exist
england
far
appears
colonies
officer
permanent
temporary
connection
trials
jury
exercised
powers
auditor
described
official
called
long
known
part
judicial
machinery
certain
cases
brought
commonlaw
courts
england
colonies
functions
auditor
cases
different
commonlaw
action
account
auditors
appointed
england
earliest
times
take
account
interlocutory
judgment
quod
computet
entered
parties
entitled
jury
trial
interlocutory
judgment
rendered
issues
fact
arising
auditor
passed
upon
certified
trial
jury
use
form
action
limited
cases
defendant
obligation
account
plaintiff
guardian
bailiff
receiver
property
maryland
acts
power
appoint
auditors
extended
cases
might
necessary
examine
determine
accounts
jury
trial
affected
thereby
proceedings
thereon
cases
account
connecticut
auditors
appointed
actions
debt
practice
early
introduced
vermont
action
report
auditor
accepted
substitute
jury
operates
determine
issues
fact
new
york
actions
long
accounts
determined
colonial
days
referes
instead
jury
office
auditor
functions
powers
like
question
apparently
invented
massachusetts
introduced
chapter
ts
legislature
year
part
judicial
machinery
received
fullest
development
state
act
congress
specifically
authorized
adoption
practice
federal
courts
therefore
decide
whether
appointment
auditors
consistent
constitutional
right
trial
jury
also
whether
power
inherent
district
trial
fourth
command
seventh
amendment
right
trial
jury
shall
preserved
require
old
forms
practice
procedure
retained
walker
new
mexico
southern
pacific
railroad
sup
compare
twining
new
jersey
sup
prohibit
introduction
new
methods
determining
facts
actually
issue
prohibit
introduction
new
rules
evidence
changes
may
made
new
devices
may
used
adapt
ancient
institution
present
needs
make
efficient
instrument
administration
justice
indeed
changes
essential
preservation
right
limitation
imposed
amendment
merely
enjoyment
right
trial
jury
obstructed
ultimate
determination
issues
fact
jury
interfered
far
task
auditor
define
simplify
issues
function
essence
pleading
object
concentrate
controversy
upon
questions
control
result
gilmore
wall
tucker
sup
one
entitled
civil
case
trial
jury
unless
except
far
issues
fact
determined
infringe
constitutional
right
trial
jury
require
view
formulating
issues
oath
party
facts
relied
upon
fidelity
deposit
sup
requirement
preliminary
hearing
infringe
constitutional
right
either
involves
delay
reaching
jury
trial
affords
opportunity
exploring
advance
evidence
adversary
purposes
introduce
jury
capital
traction
hof
sup
view
decisions
deemed
undue
obstruction
right
jury
trial
require
preliminary
hearing
auditor
order
held
unconstitutional
unduly
interfering
jury
determination
issues
fact
directs
auditor
form
express
opinion
upon
facts
items
dispute
report
unless
rejected
admitted
jury
trial
evidence
facts
findings
embodied
therein
treated
prima
facie
evidence
thereof
parties
remain
free
call
examine
witnesses
report
made
incident
jury
trial
modified
taken
away
either
preliminary
tentative
hearing
auditor
use
report
may
put
order
like
statute
unconstitutional
endows
official
act
finding
presumption
regularity
verity
marx
hanthorn
sup
turpin
lemon
sup
reitler
harris
sup
meeker
lehigh
valley
sup
ann
cas
held
provision
section
interstate
commerce
act
comp
st
making
findings
order
commission
prima
facie
evidence
facts
therein
stated
suits
brought
enforce
reparation
awards
infringe
upon
right
trial
jury
see
also
mills
lehigh
valley
railroad
sup
chicago
jones
meeker
case
relied
especially
upon
holmes
hunt
mass
called
attention
fact
statute
making
report
auditor
prima
facie
evidence
trial
jury
held
legitimate
exercise
legislative
power
rules
evidence
wise
inconsistent
constitutional
right
trial
jury
reasons
holding
auditor
report
admissible
evidence
one
respect
stronger
giving
effect
report
independent
tribunal
like
interstate
commerce
commission
auditor
officer
appoints
proceedings
subject
supervision
report
may
used
far
acceptable
neither
hearing
auditor
introduction
report
evidence
abridges
way
right
trial
jury
conclusion
reached
district
massachusetts
primrose
fenno
fed
fed
first
reported
case
auditor
appointed
powers
conferred
practice
established
followed
southern
district
new
york
vermeule
reilly
fed
eastern
district
tennessee
wells
fed
fifth
constitutional
obstacle
appointment
auditor
aid
jury
trials
remains
consider
whether
congress
conferred
upon
district
courts
power
make
order
unlike
ex
parte
fisk
sup
legislation
congress
directly
implication
forbids
provide
preliminary
hearing
report
hand
statute
expressly
authorizes
question
presented
therefore
whether
possesses
inherent
power
supply
instrument
administration
justice
deemed
essential
courts
least
absence
legislation
contrary
inherent
power
provide
appropriate
instruments
required
performance
duties
compare
stockbridge
iron
cone
iron
works
mass
power
includes
authority
appoint
persons
unconnected
aid
judges
performance
specific
judicial
duties
may
arise
progress
cause
commencement
government
exercised
federal
courts
sitting
equity
appointing
either
without
consent
parties
special
masters
auditors
examiners
commissioners
take
report
testimony
audit
state
accounts
make
computations
determine
facts
complicated
evidence
voluminous
questions
actually
issue
hear
conflicting
evidence
make
finding
thereon
among
purposes
aids
judges
appointed
kimberly
arms
sup
whether
aid
shall
sought
ordinarily
within
discretion
trial
judge
indicated
accounts
complex
intricate
documents
evidence
voluminous
extensive
computations
made
better
practice
refer
matter
special
master
commissioner
judge
undertake
perform
task
heirs
dubourg
de
colombe
pet
chicago
milwaukee
ry
tompkins
sup
appointment
made
field
cranch
ed
chief
justice
marshall
said
reference
term
designates
agents
officers
examine
digest
accounts
decisions
decree
prepare
material
decree
may
made
railroad
swasey
wall
ed
chief
justice
waite
said
master
report
office
present
case
manner
intelligent
action
may
action
report
finally
determines
rights
parties
district
judge
seeking
appointed
auditor
case
bar
aid
required
without
aid
rendered
preliminary
hearing
report
trial
judge
unable
perform
duty
defining
jury
issues
submitted
determination
directing
attention
matters
actually
issue
reading
railroad
sup
hearing
report
also
essential
shown
enable
jury
perform
specific
duty
owing
difference
character
proceedings
questions
ordinarily
involved
occasion
seeking
aid
afforded
judge
special
masters
auditors
examiners
arises
less
frequently
law
equity
compulsory
reference
power
determine
issues
impossible
federal
courts
seventh
amendment
rathbone
paine
fed
cas
reason
exists
compulsory
reference
auditor
simplify
clarify
issues
make
tentative
findings
may
made
law
occasion
arises
freely
compulsory
references
special
masters
made
equity
reference
complicated
questions
fact
person
specially
appointed
hear
evidence
make
findings
thereon
long
recognized
appropriate
proceeding
action
law
heckers
fowler
wall
inherent
power
federal
invoke
aid
whether
sits
equity
law
conclude
therefore
order
far
appointed
auditor
prescribed
duties
within
power
sixth
clause
order
provides
expense
auditor
including
expense
stenographer
paid
either
parties
action
accordance
determination
trial
judge
requires
special
consideration
made
provision
paying
public
funds
either
fees
auditors
expense
stenographer
power
make
appointment
without
consent
parties
practically
dependent
upon
power
tax
expense
costs
may
compensation
auditor
stenographer
taxed
costs
may
expense
imposed
discretion
trial
upon
either
party
federal
trial
courts
sometimes
general
rule
sometimes
decision
upon
facts
particular
case
included
taxable
costs
expenditures
incident
litigation
ordered
deemed
essential
proper
consideration
case
jury
equity
rule
sup
xxxviii
provides
taxing
fees
masters
rule
sup
xxxii
expense
stenographer
rules
embody
substantially
practice
theretofore
prevailed
generally
equity
proceedings
southern
district
new
york
followed
equity
american
diamond
drill
sullivan
machine
fed
id
sup
brickill
mayor
city
new
york
fed
hohorst
packet
fed
also
admiralty
luckenbach
fed
rogers
brown
fed
expense
printing
records
briefs
trial
made
rule
several
circuits
taxable
costs
defeated
party
hake
brown
fed
compare
kelly
springfield
ry
fed
tesla
electric
scott
fed
early
justice
story
sitting
circuit
whipple
cumberland
cotton
manufacturing
story
fed
cas
approved
action
law
damages
although
specially
authorized
rule
order
survey
true
understanding
cause
sides
ordered
expense
paid
cases
courts
refused
tax
costs
copies
stenographer
minutes
expenditures
incident
litigation
attention
called
fact
made
benefit
party
distinguished
expenditures
incurred
order
make
possible
facilitate
consideration
case
stallo
wagner
fed
new
hampshire
land
tilton
fed
see
bridges
sheldon
fed
allowance
costs
federal
courts
rests
upon
express
statutory
enactment
congress
upon
usage
long
continued
confirmed
implication
provisions
many
statutes
justice
woodbury
hathaway
roach
woodb
fed
cas
justice
nelson
costs
civil
cases
blatchf
fed
cas
baltimore
wall
hathaway
roach
woodb
fed
cas
said
usage
federal
courts
conform
state
laws
costs
express
provision
made
force
act
congress
relation
particular
item
general
rule
exists
subject
baltimore
wall
ed
stated
costs
taxed
circuit
district
courts
allowed
time
courts
state
including
matters
travel
attendance
parties
fees
copies
case
abstracts
hearing
compensation
services
referees
auditors
masters
assessors
many
matters
embraced
fee
bills
since
passed
congress
neither
act
february
stat
rev
stats
comp
later
act
congress
rule
deals
expressly
implication
subject
taxing
costs
expense
auditor
practice
governing
respect
courts
new
york
therefore
followed
federal
courts
see
huntress
town
epsom
fed
far
appears
preliminary
hearing
auditor
aid
jury
trials
part
judicial
machinery
state
nearest
analogy
reference
actions
law
long
accounts
substitute
jury
trial
expense
compulsory
reference
actions
taxable
code
civ
proc
statute
federal
state
rule
excluding
auditors
fees
expense
stenographer
items
taxable
costs
reason
appears
may
included
like
expenditures
ordered
view
securing
intelligent
consideration
case
seventh
question
whether
district
power
make
expense
auditor
taxable
whole
part
prevailing
party
trial
judge
determine
advantages
flexible
rule
obvious
general
principles
governing
taxation
costs
actions
law
followed
federal
courts
since
organization
preclude
adoption
equity
proceedings
allowance
imposition
costs
unless
controlled
statute
rule
matter
discretion
uniformly
held
actions
law
prevailing
party
entitled
costs
right
compare
schurtz
except
cases
express
statutory
provision
established
principles
costs
denied
also
generally
held
right
costs
prevailing
party
actions
law
extends
entire
costs
trial
without
power
make
apportionment
based
upon
fact
prevailing
party
failed
part
claims
reasons
part
none
costs
fairness
allowed
rule
practice
established
long
usage
confirmed
language
section
revised
statutes
therefore
held
prevail
rule
contrary
established
courts
state
practice
courts
new
york
appears
respect
entire
harmony
federal
courts
whipple
cumberland
cotton
manufacturing
supra
expense
survey
ordered
imposed
equally
two
parties
disposition
made
primrose
fenno
supra
auditor
appointed
instance
without
objection
either
party
houlihan
corporation
anthony
fed
fed
auditor
appointed
consent
parties
taxed
auditor
stenographer
fees
losing
party
holding
discretion
obliged
petition
writ
certiorari
denied
sup
although
order
erroneous
declaring
expense
auditor
shall
instead
abiding
result
action
paid
one
parties
accordance
determination
trial
judge
error
require
either
extraordinary
remedies
applied
granted
petitioner
deems
prejudiced
error
may
get
redress
application
district
modification
order
final
judgment
writ
error
circuit
appeals
morrison
sup
petition
writs
mandamus
prohibition
denied
justice
mckenna
justice
pitney
justice
mcreynolds
dissent
footnotes
see
langdell
harvard
law
review
holmes
hunt
mass
see
rose
cranch
fed
cas
barry
barry
cranch
fed
cas
bank
johnson
cranch
fed
cas
report
admitted
jury
prima
facie
evidence
truth
statements
conclusions
auditor
mccullough
groff
mackey
sulzer
watson
fed
connecticut
general
statutes
ed
act
vermont
october
slade
vermont
state
papers
hall
armstrong
atl
missouri
wagner
stat
edwardson
garnhart
mo
steck
fact
bearing
constitutional
question
involved
right
jury
trial
guaranteed
federal
courts
known
law
england
jury
trial
modified
local
usage
statute
wonson
gall
fed
cas
capital
traction
hof
sup
see
also
rathbone
paine
fed
cas
howe
machine
edwards
blatchf
fed
cas
sulzer
watson
fed
wells
fed
davis
louis
ry
fed
case
involving
long
account
referee
appointed
report
apparently
determine
facts
accordance
practice
prevailing
kansas
sitting
see
jury
reform
civil
procedure
scott
harvard
law
review
acts
making
findings
tentative
hearing
auditor
prima
facie
evidence
held
infringe
right
trial
jury
maine
howard
kimball
new
hampshire
doyle
doyle
perkins
scott
different
conclusion
reached
francis
baker
plimpton
town
somerset
massachusetts
expense
auditor
prior
taxed
cases
costs
paid
defeated
party
see
acts
rev
stat
stat
act
march
act
june
act
april
expense
auditor
cases
tried
superior
judicial
made
payable
county
see
also
rev
laws
act
june
acts
maine
fees
auditor
prior
taxed
costs
favor
prevailing
party
laws
acts
rev
stat
since
act
march
fees
necessary
expenses
auditors
paid
county
new
hampshire
fees
auditor
also
taxable
costs
favor
prevailing
party
may
discretion
order
paid
county
act
june
act
july
pub
stat
shreve
cheesman
fed
see
also
scatcherd
love
fed
michigan
aluminum
foundry
aluminum
america
fed
instance
rev
stat
comp
denying
costs
plaintiff
petitioner
recovers
less
crabtree
neff
bond
fed
cas
hooe
alexandria
cranch
fed
cas
bartels
redfield
fed
trinidad
asphalt
paving
robinson
fed
minneapolis
ry
fed
west
end
ry
malley
fed
sears
roebuck
pearce
fed
wheeler
taft
fed
general
rule
actions
law
prevailing
party
entitled
right
taxable
costs
prevails
new
york
provision
plaintiff
demands
judgment
sum
money
plaintiff
prevailing
entitled
costs
whether
suit
one
law
equity
murtha
curley
norton
fancher
hun
supp