Logan v. Thomas
New York Supreme Court
Motion by defendants for a re-adjustment of their costs, in the nature of an appeal from an adjustment thereof, by the clerk of Erie County.
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Motion by defendants for a re-adjustment of their costs, in the nature of an appeal from an adjustment thereof, by the clerk of Erie County. The defendants having obtained a verdict in their favor which entitled them to a judgment for costs, presented a bill of their costs to the clerk for adjustment, in which bill were the following items: • £C Three witnesses’ travel fee from New-York to Buffalo, for June term, 423 miles each, $101.52. Three witnesses’ travel fee from New-York to Buffalo, for January term, 423 miles each, $101.52. Three days’ attendance as witnesses, June term, $1.50. The…
1Opinion of the Court
Bowen, Justice.
The affidavit presented to the clerk on the adjustment of the costs, was insufficient to authorize the allowance of any travel fees of witnesses. It merely stated that the witnesses attended court and were examined as witnesses, and the distance of their residences respectively from the place of attendance. It should have stated that they traveled from their residences to the place where the trial of the cause was had, for the purpose of attending as witnesses. (4 Hill, 595; 5 How. Pr. Rep. 458.)
The plaintiff, however, only objected to the allowance of fees for the travel and…
2Cases cited1 opinion
- Schermerhorn v. Van VoastNew York Supreme Court · 1851
3Cited by5 opinions
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- Bronner v. FrauenthalThe Superior Court of New York City · 1861
- Lott v. KrakauerNew York Marine Court · 1878