Alabama Midland Railway Co. v. Rushing
Supreme Court of Alabama
Appeal from the Circut Court of Pike. Tried before the Hon. John R. Tyson. This action was brought by the appellee against the appellant railway corporation, to recover damages for the killing of cattle. There was judgment for the plaintiff in said suit.
Read the full summary
Appeal from the Circut Court of Pike. Tried before the Hon. John R. Tyson. This action was brought by the appellee against the appellant railway corporation, to recover damages for the killing of cattle. There was judgment for the plaintiff in said suit. Subsequently there was a motion made by the defendant in said cause to re-tax the costs ;• and' on this motion it was shown that in the cost bill there was one item, amounting to. twenty-three dollars, taxed against the defendant, for subpoenaing and the attendance of one Askew as a witness for the plaintiff; that said Askew lived in the…
1Opinion of the CourtColeman, J.
The record fails to show that any final judgment has been tendered in the case to authorize an appeal, but, pretermitting this defect, the circuit court did not err, in its ruling on the motion of the appellant to re-tax the cost. Section 2801 of the Code provides that the evidence of a witness may be taken by deposition, “when the witness resides more than one hundred miles from the place of trial,” &c.; but the statute does not require that the evidence shall be taken by deposition. If the witness resides in the State and is subpoenaed, and attends in obedience to the subpoena, he is…
2Cited by4 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1909
- Friddle v. BraunAlabama Court of Appeals · 1913
- McKewen v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Southern Car & Foundry Co. v. JenningsSupreme Court of Alabama · 1902