2019 US Code
Title 28 - Judiciary and Judicial Procedure
Part V - Procedure
Chapter 123 - Fees and Costs
Sec. 1912 - Damages and costs on affirmance
| 28 U.S.C. § 1912 (2019) |
| §1912. Damages and costs on affirmance |
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Where a judgment is affirmed by the Supreme Court or a court of appeals, the court in its discretion may adjudge to the prevailing party just damages for his delay, and single or double costs. |
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(June 25, 1948, ch. 646, 62 Stat. 954.) |
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HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., §878, and section 1141(c)(4) of title 26 U.S.C., 1940 ed., Internal Revenue Code (R.S. §1010; Mar. 3, 1911, ch. 231, §§117, 289, 36 Stat. 1131, 1167; Feb. 10, 1939, ch. 2, §1141(c)(4), 53 Stat. 165). Section consolidates section 878 of title 28 with section 1141(c)(4) of title 26, both U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation. Words "prevailing party" were substituted for "the respondents in error," contained in said section 878 of title 28, since writs of error have been abolished. SENATE REVISION AMENDMENTBy Senate amendment, all provisions relating to the Tax Court were eliminated. Therefore, section 1141(c)(4) of Title 26, U.S.C., Internal Revenue Code, was not one of the sources of this section as finally enacted. However, no change in the text of this section was necessary. See 80th Congress Senate Report No. 1559. |
| United States Code, 2018 Edition, Supplement 1, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 123 - FEES AND COSTS Sec. 1912 - Damages and costs on affirmance |
| section 1912 |
| 2019 |
| January 24, 2020 |
| Yes |
| standard |
| 36 Stat. 1131 53 Stat. 165 62 Stat. 954 |
