Humboldt Lovelock Irr. Light Power Co. v. Smith

Full title: HUMBOLDT LOVELOCK IRR. LIGHT POWER CO. v. SMITH, State Engineer (PERSHING…

Court: United States District Court, D. Nevada

Date published: May 24, 1939

28 F. Supp. 421 (D. Nev. 1939)

Opinion

No. H-194.

May 24, 1939.

Hawkins, Mayotte Hawkins, of Reno, Nev., for plaintiff.

Gray Mashburn, Atty. Gen. for State of Nevada, for defendant.

H.R. Cooke, of Reno, Nev., and John A. Jurgenson, of Lovelock, Nev., for interveners.

Roy W. Stoddard, Sp. Asst. to Atty. Gen., for the United States.

Before WILBUR, Circuit Judge, LOUDERBACK and NORCROSS, District Judges.

Suit by the Humboldt Lovelock Irrigation Light Power Company against Alfred Merritt Smith, as state engineer of the state of Nevada, wherein the Pershing County Water Conservation District of Nevada, Andrew John, W.W. Carpenter and the Intermountain Investment Company intervened. On plaintiff's motion to retax the costs after defendant and interveners severally filed cost bills which were allowed and taxed by the clerk of the court after plaintiff's bill had been dismissed.

Applications of defendant and interveners for costs denied.

PER CURIAM.

Following the filing of the opinion and decision of this Court dismissing plaintiff's bill of complaint, 25 F. Supp. 571, 575, defendant and interveners severally filed cost bills, to which plaintiff filed objections, which cost bills were allowed and taxed by the clerk of the court. Plaintiff has moved to re-tax the costs. The objections interposed to the cost bills include the following ground: that costs are not allowable where suit is dismissed for want of jurisdiction.

In the decision heretofore rendered it was held: "The complaint does not set out a substantial federal question and, consequently, this court lacks jurisdiction to dispose of the case upon its merits."

Manifestly, this was a decision that the court had no jurisdiction. Levering Garrigues Co. v. Morrin, 289 U.S. 103, 53 S. Ct. 549, 77 L.Ed. 1062; Norumbega Co. v. Bennett, 290 U.S. 598, 54 S.Ct. 207, 78 L. Ed. 526.

Where the court has no jurisdiction it has no power to impose costs. Blacklock v. Small, 127 U.S. 96, 8 S.Ct. 1096, 32 L.Ed. 70; Citizens' Bank v. Cannon, 164 U.S. 319, 17 S.Ct. 89, 41 L.Ed. 451; Lion Bonding Co. v. Karatz, 262 U.S. 640, 642, 43 S.Ct. 641, 67 L.Ed. 1151; Smyth v. Asphalt Belt Ry., 267 U.S. 326, 45 S.Ct. 242, 69 L.Ed. 629; United States v. Jardine, 5 Cir., 81 F.2d 747.

The applications of defendant and interveners for costs are denied.