Merriman v. Bowen
Supreme Court of Minnesota
The plaintiffs, being about to enter judgment in this action in the district court for Hennepin county, served their statement of costs with notice for taxation by the clerk.
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The plaintiffs, being about to enter judgment in this action in the district court for Hennepin county, served their statement of costs with notice for taxation by the clerk. The portion of the statement relating to witness fees was as follows, viz.: “Witnesses: “Michael Duffy, 2 days, 4 miles - - - $ 2.24 “W.’M. Patterson, 3 days, 600 miles - - 39.00” To this statement was appended the following affidavit, viz.: “I, C. H. Benton, on oath say that I am the attorney of the plaintiffs in the above entitled action, and that the foregoing items of disbursements, and each thereof, have been…
1Opinion of the CourtMitchell, J.
For attendance in any action pending in a court of record, the fees of witnesses are one dollar for each day, and “for travelling, at the rate of six cents per mile in going to and returning from the place of attendance, to be estimated from the residence of such witness, if within this state, or from the bounda/ry line of this state which such witness passed in coming, if his residence is out of the state.” Gen. St. 1878, c. 70, § 8. The statute regulating the taxation of costs to be inserted in the entry of judgment provides that “the disbursements shall be stated in detail, and verified by…
2Cases cited6 opinions
- Haynes v. MosherNew York Supreme Court · 1857
- Taaks v. SchmidtNew York Supreme Court · 1863
- Logan v. ThomasNew York Supreme Court · 1855
- D. M. Osborne & Co. v. GraySupreme Court of Minnesota · 1884
- Deuel v. HawkeSupreme Court of Minnesota · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910