Scott

The respondents in these two consolidated cases have moved for the recall of the remittiturs upon the ground that they do not conform to the judgments in respect to the matter of costs on appeal. The remittiturs followed the usual course in awarding to appellants against the respondents their costs on appeal upon the reversal of the two judgments.

The actions involved two trust funds belonging to the former members of the local chapter of the Brotherhood of Railway Trainmen. The litigation arose because of the claim of the parent order that it was entitled to all the funds of the local chapter upon dissolution of the latter. The two causes were commenced by the appellant on behalf of his associate members of the local chapter, the judgments went against him, and these were reversed, with directions to distribute the funds among all the former members of the local chapter who were in good standing at the time of its dissolution “after deducting therefrom the costs of suit and other charges and fees properly chargeable against the trust fund.”

It is now claimed that, by reason of the language quoted, the respondents should not be charged with the costs on appeal. The remittiturs…