In Arcambel v. Wiseman, 3 Dall. 306, the inclusion of attorneys' fees as damages was overturned on the ground that "[t]he general practice of the United States is in oposition [ sic] to it; and even if that practice were not strictly correct in principle, it is entitled to the respect of the court, till it is changed, or modified, by statute."Summary of this case from Alyeska Pipeline Co. v. Wilderness Soc'y
AUGUST TERM, 1796.
THE decree of the Circuit Court, for the District of Rhode Island, was affirmed in this cause, without argument, the principal question, which it involved, having been just decided upon the discussion of another writ of error. It appeared, however, by an estimate of the damages on which the decree was founded, and which was annexed to the record, that a charge of 1600 dollars for counsel's fees in the courts below, had been allowed; to which Coxe objected; and Ingersoll contended that it might fairly be included under the idea of damages. But
BY THE COURT: — We do not think that this charge ought to be allowed. The general practice of the United States is in opposition to it; and even if that practice were not strictly correct in principle, it is entitled to the respect of the court, till it is changed, or modified, by statute.
There are several ways in which the charge may be expunged: but we recommend, as, perhaps, the easiest way, that the counsel for the Defendant in error, should enter a remittitur for the amount.
A remittitur was accordingly entered.