Counsel fees in the courts below cannot be allowed as
damages.
Where they have been allowed in the circuit court, the charge
may be expunged by entering a remittitur.
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 $1,600 for counsel 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.
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