Cohn v. Woods
Mississippi Supreme Court
Appeal from the circuit court of Sunflower county. Hon. J. M. Cashih, Judge. Suit by M. Cohn, as executor against M. A. Woods. Prom an order overruling a motion to reta'x cost this appeal is taken.
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Appeal from the circuit court of Sunflower county. Hon. J. M. Cashih, Judge. Suit by M. Cohn, as executor against M. A. Woods. Prom an order overruling a motion to reta'x cost this appeal is taken. The facts are fully stated in the opinion of the court'. As in the court below, we of course, make no objection to any item of cost as originally taxed by the clerk, except the several items allowed as witness fees, to the several witnesses who appeared at tlie trial of this cause. Each and every one of said items we contend were improperly taxed and allowed and are not a proper charge against this…
1Opinion of the CourtCook, J.
Appellant filed a motion to retax the costs in this case, which motion was overruled. The proof adduced -in support of the motion discloses that several of the witnesses holding witness certificates did not make the affidavit prescribed by section 2200, Code of 1906.
It seems that the witnesses “proved their attendance” by merely stating to the clerk that they had attended court the number of days mentioned in their certificates, and that they had traveled the number of miles set out in their certificates in reaching the court from their homes. The witnesses were not sworn, and no affidavit…
2Cited by1 opinion
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