Dennis v. Eddy

WOODRUFF, Circuit Judge.

Both parties appeal from the taxation, by the clerk, of the costs awarded to the complainant herein.

1. The complainant appeals from the dis-allowance of the fees of witnesses who attended and testified, who are sworn to have been necessary witnesses, who resided within less than one hundred miles of the place of examination, and whose attendance and examination were procured in good faith. The disallowance was on the sole ground, that it is not shown that the witnesses were served with a writ of subpoena, so that their attendance was compulsory. Act Feb. 26, 1853 (10…