Haines v. McLaughlin

Since the case of Spaulding v. Tucker, 2 Sawy. 50, decided in August, 1871, after careful consideration, and, as was supposed at the time, in accordance with the then existing authorities, the rule has been regarded as settled in this circuit that traveling fees of witnesses coming voluntarily upon the request of a party, without having been subpoenaed, from another district, more than 100 miles from the place,of trial, and beyond the reach of a subpoena, could not be taxed as costs against the losing party. This principle was recognized and adopted by Mr. Justice McLean in Dreskill v.…