Legal Opinion

Atherton v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided April 20, 1909No. 7171PublishedCited by 3 opinions

Before Hydrick, J., Charleston, May, 1908. Action by Thomas H. Atherton, Jr., against Atlantic Coast Tine R. R. Co. Prom Circuit decree as to taxation of cost, defendant appeals. cites : Subpoena not necessary: 16 S. C., 58. Attendance of witnesses: 64 S. C., 197; 24 S. C., 257. cites: Subpoena necessary: 1 Bail., 190; 64 S, C, 199; 1 Bail., 542; 43 & C., 370. Materiality of witnesses: 2' Bail., 131; 2 Speer, 89; 2 Hill, 555.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Jones.

This appeal is from an order of Judge Hydrick setting aside the clerk’s taxation of costs in the above stated case.

On plaintiff’s motion a nonsuit had been ordered, with costs taxable against plaintiff. The clerk taxed among other things, the per diem and mileage of nine witnesses, aggregating one hundred and fifty-six dollars and ten cents, the matter in dispute. The claim was supported by the affidavit of one of the counsel for defendant, declaring the number of days each witness had been in attendance upon Court and the…

2Cited by3 opinions

  1. Townsend v. United StatesCourt of Appeals for the D.C. Circuit · 1938
  2. Smith v. City Council of CharlestonSupreme Court of South Carolina · 1941
  3. Townsend v. United StatesCourt of Appeals for the D.C. Circuit · 1938

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