McHugh v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County. The plaintiff, having recovered a judgment in this case, sought to have the full statutory costs taxed in his favor for the travel and attendance of his witnesses at several terms of the court when the cause had been noticed for trial, before ■the term at which it was actually tried.
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APPEAL from the Circuit Court for Juneau County. The plaintiff, having recovered a judgment in this case, sought to have the full statutory costs taxed in his favor for the travel and attendance of his witnesses at several terms of the court when the cause had been noticed for trial, before ■the term at which it was actually tried. His affidavit of disbursements stated that all of said witnesses were subpoenaed by him for each of said terms, and were material and necessary witnesses; and that they had all received their pay to the amount claimed by him, or that he was liable to them for that…
1Opinion of the CourtOole, J.
In this case there was an appeal taken to the cir-*81cnifc court from the taxation of costs by the clerk. On such retaxation the circuit court made the order from which this appeal is taken, refusing to allow the plaintiff more than one-half of his witness fees. The circuit court held that the plaintiff was not entitled to recover full costs for the travel and attendance of his witnesses, because the same persons had attended as witnesses at the same terms of court in another action brought by a different plaintiff against the same defendant, wherein their fees had been taxed. The counsel for…
2Cases cited1 opinion
- Hitchcock v. MerrickWisconsin Supreme Court · 1862
3Cited by10 opinions
- Leonard v. BottomleyWisconsin Supreme Court · 1933
- Hoey v. PierronWisconsin Supreme Court · 1886
- Smith v. NelsonUtah Supreme Court · 1901
- Johnson v. CurtisWisconsin Supreme Court · 1881
- Smith v. Shawano CountyWisconsin Supreme Court · 1890
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