Prichard v. Southern Pacific Co.

McCOMB, J., pro tem.

This is an appeal from an order taxing costs.

The questions presented for determination are:

First: Is the successful party entitled to have taxed as items of cost, mileage and per diem of a witness who attends a trial in response to a subpoena which has been delivered by a deputy county clerk to an attorney, signed and sealed, leaving blank (a) the title of the cause, (b) the name of the witness, and (c) the date of trial, which omissions are supplied by the attorney prior to service of the subpoenaf

Second: Where a number of witnesses are subpoenaed by defendant and appear…