Forcheimer & Co. v. Kaver
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the lion. ¥m. E. Clarke. This was a motion for the re-taxation of costs, made by the appellants, who were plaintiffs in an action against James Kaver, and were unsuccessful; the motion specifying the names of eight witnesses, who were alleged to have been summoned by the defendant, but were not examined on the trial, nor any reason shown for having them summoned, “ On the hearing of the motion,” as the bill of exceptions…
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Appeal from the Circuit Court of Mobile. Tried before the lion. ¥m. E. Clarke. This was a motion for the re-taxation of costs, made by the appellants, who were plaintiffs in an action against James Kaver, and were unsuccessful; the motion specifying the names of eight witnesses, who were alleged to have been summoned by the defendant, but were not examined on the trial, nor any reason shown for having them summoned, “ On the hearing of the motion,” as the bill of exceptions states,” there was evidence showing that the said witnesses named were summoned by the defendant to appear at the trial,…
1Opinion of the Court
CLOPTON, J..
Section 3146 of the Code provides: “ If the taxation of costs be excessive, by charging the costs of witnesses who were not examined, or by charging costs to an improper party, or taxing costs contrary to law, the party aggrieved may move the court for a re-taxation, setting forth the particulars in which the clerk has erred.” The section is a substantial affirmation of the rule laid down, independent of statute, in Porter v. Williams, 22 Ala. 525, where the successful party, who had summoned nineteen witnesses, and examined only one of them, was taxed with the costs of the other…
2Cases cited1 opinion
- Porter v. WilliamsSupreme Court of Alabama · 1853
3Cited by6 opinions
- Blankenship v. StateAlabama Court of Appeals · 1914
- Dorrough v. MacKensonSupreme Court of Alabama · 1936
- Porter v. Tennessee Coal, Iron & R. R. Co.Alabama Court of Appeals · 1915
- Terry v. MontgomerySupreme Court of Alabama · 1910
- Moore v. BlackwellSupreme Court of Alabama · 1928
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