Steere v. Miller
New York Supreme Court
Appeal by plaintiff from an order made at the September special term of this court, at Norwich, Chenango county,' 1864, denying his motion for a readjustment of defendant’s costs. The action was tried before a referee at Norwich, who decided that the plaintiff was not entitled to recover, and that the defendant was entitled to a judgment against the plaintiff for costs.
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Appeal by plaintiff from an order made at the September special term of this court, at Norwich, Chenango county,' 1864, denying his motion for a readjustment of defendant’s costs. The action was tried before a referee at Norwich, who decided that the plaintiff was not entitled to recover, and that the defendant was entitled to a judgment against the plaintiff for costs. The costs were adjusted by the clerk of Chenango county, who allowed the defendant $21.96 fees, as a witness in the cause in his own behalf. This item was objected to on the ground that a party is not entitled to fees as a…
1Opinion of the CourtBalcom, J.
I held in Cornell agt. Potter (15 How. Pr. Rep. 278), that a party to an action who testifies as a witness in his own behalf, under section 399 of the Code, is not entitled to Avitness’ fees as costs in the action, when he beats his adversary, and the reasons I assigned for this conclusion in that case, are yet controlling with me. The fees of witnesses are disbursements, and a party cannot pay or’ beconiie liable to pay fees to himself as a witness, and hence he has no claim for fees as a witness for himself, on the ground that they are disbursements in the action.
A party attends the trial…
2Cases cited7 opinions
- Magniac v. ThomsonSupreme Court of the United States · 1854
- Hinkle v. WanzerSupreme Court of the United States · 1855
- Taaks v. SchmidtNew York Supreme Court · 1863
- Case v. PriceNew York Supreme Court · 1859
- Walker v. RussellNew York Supreme Court · 1858
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3Cited by2 opinions
- Roundtree v. RembertU.S. Circuit Court for the District of South Carolina · 1896
- The Elizabeth & HelenDistrict Court, S.D. New York · 1870