Mt. Olivet Cemetery Ass'n v. Dalton

— The plaintiff in error complains that the court erred in overruling its motion to strike from the bill of costs in the case an item of $25, taxed against it and in favor of one Anderson, a witness for defendant.

It is not disputed that Anderson was a material witness for the defendant in the case, and that he was sworn and testified therein; nor is it claimed that the amount taxed is excessive. The contention is that the amount was illegally taxed, because the witness was not compelled to attend under the command of a subpoena. It appeared, on the hearing of the motion, that the witness was…