Dodge v. Stiles
Supreme Court of Connecticut
Book-debt. The case was referred to an auditor, who found the defendant indebted to the plaintiff in the sum of $101.11. On the trial before the auditor the plaintiff presented a claim of $38, for attendance at court as a witness for the defendant upon a certain trial. As to this claim the facts were as follows : The plaintiff was duly summoned as a witness for the defendant and received his legal fees for travel and attendance at court.
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Book-debt. The case was referred to an auditor, who found the defendant indebted to the plaintiff in the sum of $101.11. On the trial before the auditor the plaintiff presented a claim of $38, for attendance at court as a witness for the defendant upon a certain trial. As to this claim the facts were as follows : The plaintiff was duly summoned as a witness for the defendant and received his legal fees for travel and attendance at court. Before he was summoned the defendant agreed with him to pay him as much per day for attending court as he could earn at his trade, in addition to his legal…
1Opinion of the CourtEllsworth, J.
The statute regulating salaries and fees, provides that the fee of a witness shall be thirty-four cents a day for attendance, and five cents a mile for travel. This is all the remuneration he is entitled to for this service; and any attempt directly or indirectly to secure more, is against the language and policy of the law. If more is paid, it cannot be recovered back; but no greater payment can be exacted or enforced. The same rule prevails in civil and criminal trials, and is of no inconsiderable importance.
What is true of a witness is true of every officer of the government whose duties…
2Cited by20 opinions
- Barrus v. PhaneufMassachusetts Supreme Judicial Court · 1896
- Alexander v. WatsonCourt of Appeals for the Fourth Circuit · 1942
- Ethelyn Wheeler Hamilton, as Co-Executors of Estate of Harold F. Hamilton, Deceased v. General Motors CorporationCourt of Appeals for the Seventh Circuit · 1973
- Miller v. AndersonWisconsin Supreme Court · 1924
- Gilman v. D. V. R.Supreme Court of Iowa · 1875
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