Southern Railway Co. v. Dalton Telephone Co.

Where an action for damages was settled by the payment by the defendant to the plaintiff of an agreed sum, and it was further agreed that the defendant would pay “the -costs in said case,” this included all costs in the case, and not merely such as might have been taxed against the defendant if the ease had proceeded to trial and resulted in a verdict for the plaintiff. The legal fees of witnesses summoned by the plaintiff before such settlement formed a part of the costs of the case covered by such agreement, and there was no error in taxing such fees as costs against the defendant, under…