Jackson, ex dem. Finch v. Hoagland
New York Supreme Court
Motion for relaxation of costs. There were five suits noticed for trial at the Steuben circuit, all depending upon the same title and same defence. One was tried, and a verdict found for the defendant; when the plaintiff gave notice that he would not try the other causes at that circuit. The defendants’ costs of the circuit, in the four causes remaining untried, were taxed by a commissioner, and a motion is now made for relaxation.
1Opinion of the Court
By the Court,
Woodworth, J.
The commissioner allowed for subpoenas, tickets, and service of same on witnesses in each cause, when, in fact, no such services were rendered. There was a subpoena in the cause tried, which had been served on the witnesses. This was sufficient to entitle the defendants, in each cause, to charge for their attendance, as it was shewn the same witnesses were required in each cause, but would not justify an allowance for services not rendered. A deduction of those charges must therefore be made. 2. There was an allowance to a surveyor for travel *70fees, who resided in the…
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