Federal Intermediate Credit Bank of Columbia v. Mitchell

ERNEST F. COCHRAN, District Judge.

This is a question of taxation of costs, coming up on review of a taxation by the clerk of this court. The clerk taxed as a part of the defendants’ costs the fees of two of their witnesses who attended at the trial but did not testify. It is shown by an affidavit (which is not contradicted) that the reason that they did not testify was that they were summoned to testify to certain material admissions made by certain officers of the plaintiff, and that those officers on cross-examination admitted the matters which the defendants expected to prove by these two…