Fay v. Davidson

By the Oourt "When this action was called for trial in the Court below, the defendant, who is here as appellant, moved for a continuance, and thereupon, in the language of the record, the “ Oourt ordered the said cause continued until the next general term of this Court, defendant paying-costs of this term, to be taxed by the Clerk.” Upon a verified statement of the fees for witnesses for the term, the Clerk taxed the costs at $26.49. "Whether notice of taxation was served upon defendant’s attorneys, we are left in doubt. Upon the taxation the Clerk made the following entry, entitled of the…