Whipple v. Cumberland Cotton Manuf'g Co.
U.S. Circuit Court for the District of Maine
After the trial of this cause [Case No. 17,-516], several questions arose as to the taxation of costs on the part of the plaintiff, which were submitted to the court for a final decision. (1) The plaintiff [Oliver M. Whipple] was taxed his actual travel from Lowell, in Massachusetts, to Portland, on those terms when he attended and was present at court.
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After the trial of this cause [Case No. 17,-516], several questions arose as to the taxation of costs on the part of the plaintiff, which were submitted to the court for a final decision. (1) The plaintiff [Oliver M. Whipple] was taxed his actual travel from Lowell, in Massachusetts, to Portland, on those terms when he attended and was present at court. The defendants contended, that a party living without the district or state, can only tax travel from the line of the state to the place where the court is held, on the usual travelled route from his place of residence. (2) A witness, whose…
1Opinion of the Court
THE COURT held:
1.On the first point, that the plaintiff was entitled to charge his actual travel from Lowell, the place of his residence, to Portland, the place of the trial, at the several terms at which he actually attended the court, it appearing to the court, that his personal attendance and presence was important and proper, even if not indispensable in the ease, under ah the circumstances.
2. That the witness, stated in the second point, was entitled to have his fees for travel and attendance taxed in the case, as it was clear, that his attendance was proper afid important, and that he…
2Cited by22 opinions
- Ex Parte PetersonSupreme Court of the United States · 1920
- The BaltimoreSupreme Court of the United States · 1869
- Hurtado v. United StatesSupreme Court of the United States · 1973
- United States v. Armour & Co.District Court, N.D. Illinois · 1906
- United States v. SanbornU.S. Circuit Court for the District of Massachusetts · 1886
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