
    PECK, STOW & WILCOX CO. v. FRAY et al.
    (Circuit Court, D. Connecticut.
    February 27, 1899.)
    Costs — Equity—Docket Fee.
    Only one attorney’s docket fee is taxable in an equity case, and that only on the final disposition of the case, unless upon motion for rehearing-allowed, when an attorney’s docket fee is taxable in favor of the prevailing party upon each hearing.
    On Motion to Betax Costs.
    This was a patent suit, brought for infringement of United States letters patent to -Robert 0. Ullrich, February 19, 1884, for improvement, in pawls and ratchets, in which a motion for injunction pendente lite was argued July 19, 1.898, before the circuit court, which on July 22d filed an opinion (88 Fed. 784) granting the motion as to claims 2 and 3 of the patent. From the decree authorized by this opinion an appeal was taken to Uie circuit court of appeals for the second circuit, which on the 15th of November, 1898, rendered a decision reversing the decree of the circuit court, with costs of the appeal. 92 Fed. 1021. Upon (he entry of the decree for costs in pursuance of the mandate of the court of appeals, the clerk of the circuit court taxed costs in favor of the appellants as follows, viz.: (1) Defendants’ costs of appeal transcript to court of appeals; (2) appellants’ costs in court of appeals, as indorsed on the mandate; (3) clerk’s costs in the circuit court for filing and recording mandate of the court of appeals, and the decree thereon; (4) attorney’s docket fee in the circuit court for the district of Connecticut, on the ground that a judgment for costs had been arrived at, which might be final. From this taxation complainant’s solicitor appealed as to the last item, and the parties were ’heard on briefs.
    
      Wm. E. Simonds, for plaintiff.
    A. M. Wooster, for defendants.
   PER CURIAM.

An attorney’s docket fee, under section 824, Rev. St. U. S., is only taxable upon final hearing, or upon a rehearing allowed upon the merits of the case, on demurrer to pleadings, and then only when such hearing disposes of the case. The decree in this case, although for costs, and authorizing execution, is final only as to an interlocutory motion.  