Moore v. Cockroft
New York Supreme Court
Brown, Rockwell and Dean, Justices. Costs.—This was an appeal from an order on a motion to strike out certain items of costs inserted in the judgment.
1Opinion of the Court
By the court. Dean, Justice.
There was no affidavit of attendance of witnesses such' as the statute requires. The Code has not altered the law on this subject. The affidavit, in order to justify an allowance of witnesses’ fees for travel or attendance, must state positively that the witnesses attended the trial, and the time each attended, and the distance that each necessarily traveled from his "place of residence in order to attend. The Code only* permits necessary disbursements allowed by law, and requires a statement of these in detail. The charge of $12.50, sheriff’s fees, taking and…
2Cited by1 opinion
- Malam v. SimpsonNew York Supreme Court · 1861