Cornell v. Potter
New York Supreme Court
Motion by defendants for a re-adjustment of their costs in the action. The action was tried at the Tioga circuit, in December, 1857, when the jury found a verdict for the defendants.
Read the full summary
Motion by defendants for a re-adjustment of their costs in the action. The action was tried at the Tioga circuit, in December, 1857, when the jury found a verdict for the defendants. More than ten days before the trial, the attorneys made a stipulation, to the effect that the parties might he examined, without notice, aswitnesses, in their own behalf, before thejury; and upon the trial the defendants were examined as witnesses for themselves, under section 399 of the Code, as amended by the act of April 13th, 1857. They answered separately, but the motion papers did not show the nature of the…
1Opinion of the Court
Balcom, Justice.
The only question to be decided on this motion is, whether the clerk should have allowed the defendants fees as witnesses, on the adjustment of their costs, in the action against the plaintiff, for attending the trial, and being examined as witnesses in their own behalf.
The fees of witnesses were prescribed by chapter 886 of the Laws of 1840, and they have since remained unaltered. Section eight of that chapter is in these words, viz: “ Fees of witnesses : For each witness fifty cents, for each day while attending any court or officer, and if the witness resides more than…
2Cited by2 opinions
- Steere v. MillerNew York Supreme Court · 1865
- Bronner v. FrauenthalThe Superior Court of New York City · 1861