Herson v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal'from Jackson Circuit Court, Hon. Turnee A. Gill, J. The facts are sufficiently stated in the opinion of the court.
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Appeal'from Jackson Circuit Court, Hon. Turnee A. Gill, J. The facts are sufficiently stated in the opinion of the court. I. The fees of a witness cannot be taxed as costs against the losing party in the trial of a cause, unless he necessarily attended the trial under the command of a subpoena or recognizance Sect. 5620. Rev. Stat., Mo. 1879, as amended by acts of 1881, p. 135. It is the policy of our law to protect the losing party from unnecessary costs and expenses, and a witness whose attendance and mileage are taxed against him must have withdrawn himself from his business and…
1Opinion of the Court
Opinion by
Ellison, J.
This cause was tried in the circuit court of Jackson county, at Kansas City, at its October term, 1883, and resulted in a judgment for the defendant.
The witnesses, John Hamilton and-Herryman came from Slater, Mo., (Saline county), to Kansas City, for the sole purpose • of testifying, and did testify for the defendant at the trial of the cause. Their testimony was material for defendant. No process was served upon-them requiring their presence, but they attended the trial voluntarily and at the instance and request of defendant only.
The clerk of said court taxed as cost,…
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