Porter v. Tennessee Coal, Iron & R. R. Co.
Alabama Court of Appeals
Motion to Retax Costs. Appeal from Birmingham City Court. Heard before Hon. John H. Millee. Leanna Porter sued the Tennessee Coal, Iron & Railway Company, and had judgment, whereupon defendant moved for a retaxation of costs ás to a number of witnesses summoned by plaintiff. The court granted the motion as to a part of the witnesses, and plaintiff appeals.
1Opinion of the CourtThomas, J.
The only error assigned is the action of the trial court in granting in part the motion of appellee, which was defendant below and the unsuccessful party to the suit, to retax certain items of the costs included in the bill of costs, totaling $180.90, of 54 named witnesses, who, it was shown by defendant without dispute, on the hearing of the motion, had been summoned by the plaintiff appellant, but who had not been examined at all on the trial.(1) Upon this showing of defendant, the taxation of the costs of these witnesses against it was prima facie excessive; and it became the duty of the…
2Cases cited7 opinions
- Southern Railway Co. v. HobbsSupreme Court of Alabama · 1907
- Torrey v. BishopSupreme Court of Alabama · 1894
- Briley v. HodgesSupreme Court of Alabama · 1836
- Forcheimer & Co. v. KaverSupreme Court of Alabama · 1885
- Porter v. WilliamsSupreme Court of Alabama · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dorrough v. MacKensonSupreme Court of Alabama · 1936
- Central of Georgia Ry. Co. v. McGilvaryAlabama Court of Appeals · 1918
- Ex parte Porter v. Tennessee C., I. & R. R.Supreme Court of Alabama · 1915