Hinds v. Schenectady County Mutual Insurance
New York Supreme Court
Motion for readjustment of costs. The cause was tried at the Schoharie circuit, and, after the trial, the plaintiffs recovered a verdict. Upon the taxation of costs the plaintiffs claimed and were allowed for the travel of a witness from Somerville, in the state of Wisconsin, 1744 miles.
1Opinion of the Court
Harris, Justice.
Under, the fee bill of the Revised Statutes, when a witness came from another state, his traveling fees were estimated from the boundary line of the state, where he passed in coming to the place of trial (2 R. S. 642, § 33). The fee bill of 1840 changed the rate of compensation for traveling, and omits the clause in the former act requiring the fees to be estimated from the boundary line of the state. It is argued by the plaintiff’s counsel, that this omission is evidence of legislative intention to change the rule. It is insisted that, in as much as by the present law a…
2Cases cited2 opinions
- Howland and Others Against Lenox and Maitland.New York Supreme Court · 1809
- Nichols v. DotyNew York Supreme Court · 1824