Anderson v. Ferguson-Bach Sheep Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Plon. George H. Stewart, Judge. From an order taxing costs in favor of plaintiff, defendant appealed. Where a witness resides and is served out of the county and more than thirty miles from the place of trial, his mileage fees cannot be taxed against the losing party. (Mylius v. Si, Louis etc.
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APPEAL from the District Court of the Third Judicial District for Ada County. Plon. George H. Stewart, Judge. From an order taxing costs in favor of plaintiff, defendant appealed. Where a witness resides and is served out of the county and more than thirty miles from the place of trial, his mileage fees cannot be taxed against the losing party. (Mylius v. Si, Louis etc. B. Co., 31 Kan. 232, 1 Pac. 619; Hereford v. O’Connor, 5 Ariz. 258, 52 Pac. 471; Sapp v. King, 66 Tex. 570, 1 S. W. 466; Marks v. Fields (Tex. Civ. App.), 29 S. W. 664; Whitehead v. Breckinridge, 5 Ind. Ter. 133, 82 S. W. 698;…
1Opinion of the CourtAilshie, J.
This, is an appeal from an order taxing costs. The principal question presented for our determination is: Can a successful litigant include in his cost-bill mileage for witnesses who were subpoenaed in a county other than the. one in which the trial took place, and who reside more than thirty miles from the place of trial? Section 6039, Re-wised Statutes, provides that: “A witness is not obliged to attend as a witness before any court, judge, justice, or any •other officer, out of the county in which he resides, unless the .distance be less than thirty miles from his place of residence *421to the…
2Cases cited6 opinions
- Estate of Kuhn v. KuhnSupreme Court of Iowa · 1904
- McGlauflin v. WormserMontana Supreme Court · 1903
- Griffith v. MontandonIdaho Supreme Court · 1894
- Perry v. Howe Co-operative Creamery Co.Supreme Court of Iowa · 1904
- Raft River Land & Cattle Co. v. LangfordIdaho Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1908
- In re Eakins' Estate v. EakinsMontana Supreme Court · 1922
- I. X. L. Stores Co. v. MoonUtah Supreme Court · 1916
- State v. BairdIdaho Supreme Court · 1907
- Feenaughty MacHinery Co. v. TurnerIdaho Supreme Court · 1927
2 more not listed; retrieve them via the Exa API.