Smith v. Chicago & N. W. Ry. Co.

In the above action a judgment was rendered at a previous term, assessing the costs against the defendant. In the taxation thereof the clerk allowed mileage for several witnesses summoned on behalf of plaintiff, for distances in excess of 100 miles, and the present *322motion is made for the purpose of reducing the mileage thus allowed, on the ground that a prevailing party cannot compel his adversary to pay .mileage for witnesses for distances exceeding 100 miles. Section 861 of the Revised Statutes provides that the mode of proof in actions at law shall be “by oral testimony and examination of…