United States v. Green
District Court, D. New Mexico
Civil action by the United States of America against John W. Green. In the matter of taxation of costs.
1Opinion of the Court
POPE, District Judge.
The question for decision arises upon the taxation of costs, and is whether mileage for more than 100 miles is allowable for witnesses residing without the district and more than 100 miles from the place where court is held. This question must be answered in the negative. While there is some conflict of authority, due largely to the holdings in the First Circuit, which latter •follow certain early expressions from Judge Story, the weight of authority is to the effect that mileage is not taxable under such circumstances for a distance greater than 100 miles from the place…
2Cases cited11 opinions
- The VernonDistrict Court, E.D. Michigan · 1888
- Hanchett v. HumphreyU.S. Circuit Court for the District of Nevada · 1899
- Burrow v. Kansas City, Ft. S. & M. R.U.S. Circuit Court for the District of Western Tennessee · 1893
- Goldsmith v. The SyracuseU.S. Circuit Court for the District of Southern New York · 1888
- Eastman v. SherryU.S. Circuit Court for the District of Eastern Wisconsin · 1889
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3Cited by3 opinions
- Kirby v. United StatesCourt of Appeals for the Ninth Circuit · 1921
- Kenyon v. Automatic Instrument Co.District Court, W.D. Michigan · 1950
- Barnhart v. JonesDistrict Court, S.D. West Virginia · 1949