Pennsylvania v. Wheeling and Belmont Bridge Company (59 U.S. 460)

THIS was a case of original jurisdiction upon the equity side of this court, and was a sequel to the preceding case between the same parties.

Mr. Charles W. Russell, as the solicitor for the Bridge Company, filed a petition praying leave to file a bill of review of an order of this court, made at the December term, 1851, respecting the costs, in the original case between the parties. The petition set forth that this court had no power to condemn either party to a suit originally brought in this court to pay the costs of the suit; or if it had the power, then the amount of costs must be regulated by some previous act of congress or rule of this court. It also set forth that the report of the clerk, which was confirmed by an order, was liable to objection, and prayed that the report might be reopened.

Mr. Justice NELSON delivered the opinion of the court.