Westfall v. Madison County
Supreme Court of Iowa
Appeal from Madison Circuit Court. A subpoeNa was issued by tbe district court of Madison county, directed to one Potter, a resident of Pittsburg, Pa., where the same was served, requesting him to appear in said court and testify upon the part of the state in a criminal action. Potter obeyed the subpoena and testified. The defendant in the action was found not guilty, and it was adjudged that the defendant in this action should pay the costs in the criminal action.
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Appeal from Madison Circuit Court. A subpoeNa was issued by tbe district court of Madison county, directed to one Potter, a resident of Pittsburg, Pa., where the same was served, requesting him to appear in said court and testify upon the part of the state in a criminal action. Potter obeyed the subpoena and testified. The defendant in the action was found not guilty, and it was adjudged that the defendant in this action should pay the costs in the criminal action. Potter claimed that he was entitled to mileage from Pittsburg, but his claim in this respect was disallowed by the defendant, and…
1Opinion of the CourtSeevers, J.
The single question to be determined is *428whether Potter is entitled to mileage from Pittsburg. If he is, then the judgment of the court is erroneous.
It will be conceded that, in a civil action, when a witness has been subpoenaed by one party in another state, the mileage or distance traveled to reach the state line cannot be taxed as a part of the costs against the other and losing party. But we are not prepared to say that such witness could not recover of the party at whose instance he performed the service a reasonable compensation therefor, based upon the distance traveled, and the length…
2Cited by6 opinions
- Alexander v. HarrisonIndiana Court of Appeals · 1891
- Climie v. Appanoose CountySupreme Court of Iowa · 1904
- State v. WillisSupreme Court of Iowa · 1890
- State v. MannionUtah Supreme Court · 1899
- Walker v. BoyleCalifornia Court of Appeal · 1925
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