Haynes v. Mosher
New York Supreme Court
Motion for relaxation of costs. The action was brought to recover the possession of lands. It was tried upon an issue of fact, at the Rensselaer circuit, in June, 1857. The trial resulted in a verdict for the defendant. Upon the taxation of the costs, the defendant was allowed for the attendance of nineteen witnesses.
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Motion for relaxation of costs. The action was brought to recover the possession of lands. It was tried upon an issue of fact, at the Rensselaer circuit, in June, 1857. The trial resulted in a verdict for the defendant. Upon the taxation of the costs, the defendant was allowed for the attendance of nineteen witnesses. The aggregate number of days allowed was 106, and the whole number of miles allowed for the travel of the witnesses was 668. The defendant was also allowed $48, for surveyor’s fees. These charges having been duly objected to on the taxation, the plaintiffs moved for a retaxation.
1Opinion of the Court
Harris, Justice.
The motion for a retaxation of the costs, must be granted, The affidavits in support of the charges for the travel and attendance of witnesses, are entirely insufficient to justify the allowance of such charges. The requisites of the affidavit in such cases are well stated by Mr. Justice Balcom, in Wheeler agt. Lozee, (12 How. 446.) (See also Logan agt. Thomas, 11 How. 160.) It should appear that each of the witnesses, for whom the party entitled to costs claims to be allowed, was a material and necessary witness for the party upon the trial of the action, that each witness…
2Cases cited1 opinion
- United States v. MorganSupreme Court of the United States · 1851
3Cited by12 opinions
- Mark v. . City of BuffaloNew York Court of Appeals · 1881
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Hanel v. BaareThe Superior Court of New York City · 1863
- Muffoletto v. RiveraNew York Supreme Court · 1967
- Chism v. SmithNew York Supreme Court · 1911
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