Wilson v. St. Louis, Keokuk & Northwestern Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The appearance of the witnesses of the respondent, except as shown by subpoena marked exhibit “A,” was voluntary; and a witness cannot recover fees or mileage, unless he has appeared at court in obedience to the order of the court duly served on him in accordance with law. Her son v. Railroad, 18 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The appearance of the witnesses of the respondent, except as shown by subpoena marked exhibit “A,” was voluntary; and a witness cannot recover fees or mileage, unless he has appeared at court in obedience to the order of the court duly served on him in accordance with law. Her son v. Railroad, 18 Mo. App. 439; Hitchens v. State, 8 Mo. 283; Cohen v. Palley’s Heirs, 51 Ala. 511. There is no law authorizing acceptance of service of a subpoena. Revised Statutes, 1889, section 2018, refers only to a defendant, and hot to a…
1Opinion of the CourtBiggs, J.
— This is an appeal from a judgment of the circuit court, overruling a motion to retax costs.
The action was for personal injuries. There was a trial, which resulted in a verdict and judgment for the defendant. The clerk of the court allowed and taxed as costs mileage in favor of certain witnesses, who had in writing accepted service of the subpoenas. The subpoenas were regularly issued, and the witnesses attended the trial. They lived more than forty miles from the place of trial, and their fees were not tendered. Upon this state of facts the circuit court ruled that the *344action of the clerk…
2Cases cited1 opinion
- Herson v. Chicago & Alton RailroadMissouri Court of Appeals · 1885
3Cited by1 opinion
- McHoney v. KerwinMissouri Court of Appeals · 1894