Beadle v. Davidson
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before lion. H. C. Speaice. This was a motion by the plaintiff in the court below, appellant here, to re-tax the costs against the defendants, so as to include the fees of one Strode, one of the plaintiff’s witnesses on the trial of said cause, to whom certificates had been issued, but whose fees the clerk- had failed to tax. The motion was overruled, and the plaintiff excepted ; and that ruling is here assigned as error.
1Opinion of the CourtSomenyille, J.
The present appeal is taken from a judgment of the circuit cpurt dismissing a motion made by the appellant for the re-taxation of certain costs. There is nothing in the record showing the ground upon which this action of the court was based. It may have been for the reason, that two other witnesses, besides the witness Strode, had been examined in the same cause, to prove the same matters of fact, and that costs had already been allowed for these witnesses. If this were true, the motion was properly disallowed, in view of the statutory provision, that “ not more than two witnesses shall be…
2Cited by10 opinions
- Hutchison & Wilson v. PowellSupreme Court of Alabama · 1890
- Sexton v. HarperSupreme Court of Alabama · 1924
- McCord v. BridgesSupreme Court of Alabama · 1922
- Bailey v. GriffinSupreme Court of Alabama · 1924
- Carnley v. MooreSupreme Court of Alabama · 1925
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