Smith v. Hutton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John B. Smith, from an order of the Supreme Court,.made at the Hew York Special Term and entered in the office of the clerk.of the county of Hew York on the 22d day of June, 1909, denying the plaintiff’s motion for retaxation of costs.
1Opinion of the Court
Laughlin, J.:
The appeal involves the construction of section 3318 of the Code of Civil Procedure with respect to the mileage to be allowed a witness. The witness resided at Bay Shore, Long Island, but his office was at No. 33 Hew street, borough of Manhattan, New York, where he daily transacted business. The subpoena was served at his office and by it he was required in each instance to attend court on a subsequent day. The question is whether his place of lousiness was his residence within the legislative intent manifested by the section in question. There is no evidence that he slept at his…
2Cases cited5 opinions
- Taaks v. SchmidtNew York Supreme Court · 1863
- Pike v. NashNew York Supreme Court · 1857
- Mitchell v. WesterveltNew York Supreme Court · 1851
- Clarks v. StaringNew York Supreme Court · 1849
- Smith v. HuttonNew York Supreme Court · 1909