Legal Opinion

Crawford v. Abraham

Oregon Supreme Court

Decided September 15, 1866PublishedCited by 18 opinions

Appeal from Douglas County. In the cases of Crawford v. S. Abraham, and of Crawford v. H. Abraham, at tbe October term, 1865, of tbe Circuit Court for Douglas county, judgments of nonsuit were taken.

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Appeal from Douglas County. In the cases of Crawford v. S. Abraham, and of Crawford v. H. Abraham, at tbe October term, 1865, of tbe Circuit Court for Douglas county, judgments of nonsuit were taken. In each case a bill of disbursements was filed, specifying tbe mileage and attendance, severally, of numerous witnessesTbe verifications are tbe same, except tbe name of the affiant, and are in these words: “--, being duly sworn, says that the above amount of disbursements, except the fees of officers, is just and correct; and that the said disbursements were necessary for his defense in the…

1Opinion of the CourtWilson, J.

Questions of taxation of costs and allowance of disbursements are of interest to attorneys and clients, and especially so since the Code of Oregon is of recent date. The disposition of these must, to some extent, be arbitrary, as fixing a rule of practice, yet not without reason therefor.

1st. Mileage will not be allowed for witnesses beyond the boundaries of the State.

This is the New York rule, based upon a similar statute, and is one whose utility we do not question. Ample means are provided for the continuance of causes in the absence of witnesses, in order to procure material evidence; and…

2Cited by18 opinions

  1. Perham v. Portland Electric Co.Oregon Supreme Court · 1898
  2. Christensen v. Union Trunk LineWashington Supreme Court · 1893
  3. Kohlhagen v. CardwellOregon Supreme Court · 1919
  4. Spencer v. PetersonOregon Supreme Court · 1902
  5. State ex rel. Keck v. SeibertSupreme Court of Missouri · 1895

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