Veneto v. Vitelli

This report raises the question whether the plaintiff, who lost, is liable in costs for travel and attendance, either or both, of a certifying witness, James A. Vitelli, who had filed an answer for the defendant, was sole counsel of record for the defendant, participated at the trial as counsel, and then testified as a witness for the defendant. The docket shows that the ease was in order for trial on February 3, 4 and 7, 1938, and was tried and reserved for decision on February 7. The certificate is for three days’ attendance and two days’ travel, 520 miles.

The only case in this jurisdiction…