Stern & Co. v. Herren
Supreme Court of North Carolina
This is an appeal, from a judgment of Boykin, J.,at Fall Term, 1888, of Haywood Superior Court, adverse to the plaintiff, upon a motion made by defendant to re-tax costs, based upon an affidavit of the defendant, that W. D. Norvell, a witness for plaintiff, had charged mileage from Richmond, Ya., to Waynesville, N. C. The motion was made at Spring Term, 1888, at which term, by an order, it was referred “to J. K. Boone, Clerk of the Court, to hear evidence and report to the…
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This is an appeal, from a judgment of Boykin, J.,at Fall Term, 1888, of Haywood Superior Court, adverse to the plaintiff, upon a motion made by defendant to re-tax costs, based upon an affidavit of the defendant, that W. D. Norvell, a witness for plaintiff, had charged mileage from Richmond, Ya., to Waynesville, N. C. The motion was made at Spring Term, 1888, at which term, by an order, it was referred “to J. K. Boone, Clerk of the Court, to hear evidence and report to the next term of the Court.” At Fall Term the Clerk made the following report: ' ... “ 1. That the witness, W. D. Norvell,…
1Opinion of the CourtDavis, J.
(after stating the case.) Section 3756 of The Code prescribes the fees to be paid witnesses, and section 1355 prescribes “rules for summoning witnesses.” It is apparent from an inspection of the sections of The Code referred to that they do not have reference to witnesses who reside out of the State. Section 1357 provides for the taking of depositions, and section 1358 specifies what depositions may be read in evidence, among them those of witnesses who reside in a foreign country or in another State. Section 1369 prescribes the manner in which witnesses shall prove their attendance, “ every…
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