Elliott v. Howison
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Brown. Howison recovered a judgment against Elliott and Elliott entered a motion on the motion docket to retax tbe costs as to certain witnesses. From a judgment denying the motion, Elliott appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Brown. Howison recovered a judgment against Elliott and Elliott entered a motion on the motion docket to retax tbe costs as to certain witnesses. From a judgment denying the motion, Elliott appeals. All mileage over a hundred miles from the place of trial computed by the route usually traveled of witnesses in attending court, was improperly taxed against appellant.— Section 4021, Code 1907. No affidavit was made as required by said section. The testimony of the clerk showed that no subpoenas were issued for such witnesses.— Ala.…
1Opinion of the CourtTys'On, C. J.
This appeal is from an order denying a motion to retax the costs of certain witnesses. Section 3685 of the Code of 1907 provides: “If the taxation of costs be excessive by charging the costs of witnesses who were not examined, or by charging costs to an improper party, or taxing costs contrary to law, the party aggrieved may move the court for a retaxation, setting forth the particulars in which the clerk has erred.” The motion, after setting out the names of the witnesses, the total amount of the certificate issued to each, showing the separate sum allowed for mileage, and that for…
2Cases cited1 opinion
- Alabama Midland Railway Co. v. RushingSupreme Court of Alabama · 1893
3Cited by2 opinions
- Burrow v. BerrySupreme Court of Alabama · 1925
- Friddle v. BraunAlabama Court of Appeals · 1913