Cole v. Ducheneau

Miner, J.:

This is an appeal from an order made after final judgment, retaxing costs and disbursements. Costs were taxed for the plaintiff in the district court for the sum of $184.60. A motion was made to retax said costs, and disallow items therein charged as witness fees for 10 of appellant’s witnesses, and the marshal’s fees for sub-pcenaeing said witnesses. The motion was made upon the ground that none of said witnesses were sworn or examined on the trial of the case, and was based upon the sub*44poenas and returns thereto, and upon an affidavit filed. An affidavit was filed, stating that…