Fokd v. Monroe

Willard, Justice.

After this action was noticed for trial at

the St. Lawrence circuit in February last, and a convenient time *205before the circuit, the defendant’s attorney subpoenaed his witnesses, who resided about thirty miles from the court house, and tendered to them their fees for one day’s attendance and mileage, which they accepted. Shortly after this, the plaintiff obtained a commission, which threw the cause over the circuit, but the plaintiff was ordered to pay the defendant’s costs, for that circuit. The defendant claimed that the sum paid to his witnesses on subpoenaing them should…