Page:Federal Reporter, 1st Series, Volume 7.djvu/31

 ERIDGES V. SHELDON. lo �'■ 'appearing that after payment by the government, and durii^ attempts �:■ -st settlement between the parties, the balance due the orator from �delendants wag attached on trustes process, and still remains imder �, the attachment, the defendants are not liable for any interest, since �the detention was not wrongf ul, and the money due did not constitute �an Interest-bearing debt at the time of the attachment. �8. Epfbctop OfENiNG Judgment— " Inthekst," as Compensation por �SetiVichs, Valid thoooh Ubukiotjs. �The question of interest having been opened by the exceptions of defendants to the master's allowance of Interest to the orator, the question of the allowance of interest at 9 per cent, to the defendants
 * is opened, though no exceptions were taken thereto by the orator.

Buch allowance is vajid, though interest above C per cent, would be usurious and void, because the flnding of the master is conclusive that the extra 3 per cent, was a bona flde compensation for services of defendants not otherwise compensated, and mot a mere cover for usury. �9. TiMK FOR FnLING EXCEPTIONS. �The month given by the rule of court for fili'ng exceptions does not begin to run until thcre is a report on tlle to wbich exceptions can properly be addressed. �10. Apportionmeht dp Costs— Charqes of Stenoghapher not Tax- �ABt.E COSTB. �Both parties having prevailed and iailed to some estent, bpoa the items disputed and litigated, the costs will be apportioned according to the relative importance of the items in dispute won and lost by the respective parties, and the time and expense spent upon each. The charges of the stenographer procured by the master, to take down the oral testimony of witnesses upon the hearing before him, are not part of the taxable costs of suit. �IL Sbbvicb of Summons upon Litioakt, while undbr Protection OF AN Ordbr of thb Master, a Contempt of Court, �One of the defendants having gone to lowa to attend the taktng ot a deposition, under order of the master, the orator caused service of summons to be made upon him, iu a suit in the state court, for same cause of action involved in this suit, ndd, such action was a con- tempt of court, whether so intended or. not, ahd the suit having been removed to the federal courts, a stay of execution in this suit, until evidence of the discontinuance of the lowa suit was aled, was granted the defendants, and they were allowed the expenses of such suit, in- cluding reasonable counsel fees, imposed as a fine agaiust the orator.. �InE(jmty. �A suit' in equity for an account against the defendants for moneye •w*hich bomplainant claimed respondents had collected for Hie' tise from the government of the United States, for ��� �