Chicago & Aurora Railroad v. Dunning
Illinois Supreme Court
An agreement, as follows, was filed in this cause in the Kane Circuit Court, I. Gr. Wilson, Judge, at May term, 1855. [[Image here]] It is agreed by the parties to this suit that the same be dismissed at the defendant’s costs, to be taxed by the court, the plaintiff having received full satisfaction for all damages in said suit. May 14, 1855. W. B. PLATO, Attorney for defendant. On same day judgment was rendered for plaintiff for his costs, to he taxed by the court.
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An agreement, as follows, was filed in this cause in the Kane Circuit Court, I. Gr. Wilson, Judge, at May term, 1855. [[Image here]] It is agreed by the parties to this suit that the same be dismissed at the defendant’s costs, to be taxed by the court, the plaintiff having received full satisfaction for all damages in said suit. May 14, 1855. W. B. PLATO, Attorney for defendant. On same day judgment was rendered for plaintiff for his costs, to he taxed by the court. From the bill of exceptions it appears that the clerk in the court below taxed the bill of costs in said suit, amounting in all…
1Opinion of the CourtCaton, J.
Properly, a subpoena should be directed to the witness" and not to the sheriff, as is generally the case with process issued out of a court, and the witness is bound to obey it, whenever it comes to his hands ; no matter by what means. It may be served upon him by the sheriff, or the party, or any private person, or may be even sent by mail, and as the command is to the witness he is bound to obey it, whenever he receives that command. When the subpoena is served by the sheriff, the statute allows him fees, but none are allowed to the party or other private person by the statute, and,…
2Cited by5 opinions
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