Legal Opinion

Merchants' State Bank v. St. Anthony & Dakota Elevator Co.

Supreme Court of Minnesota

Decided October 13, 1905No. Nos. 14,530—(156)PublishedCited by 1 opinion

Appeal by defendant from a judgment of the district court for Wilkin county, entered pursuant to the findings and order of Flaherty, J., affirming the clerk’s taxation of costs.

1Opinion of the CourtBrown, J.

This cause came on for trial in the court below, and, after the examination of several witnesses in support of the allegations of the complaint, was dismissed without prejudice on plaintiff’s application. Thereafter defendant gave notice of taxation of costs and disburse•ments, including in the items sought to be taxed a claim for certain wit-mess fees. The bill of costs was verified by the usual affidavit, and to ¡the effect, as respects the witnesses, that they were necessary and material witnesses for defendant and actually attended court for the purpose of testifying upon issues presented…

2Cases cited4 opinions

  1. Slama v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.Supreme Court of Minnesota · 1894
  2. D. M. Osborne & Co. v. GraySupreme Court of Minnesota · 1884
  3. Mankato Lime & Stone Co. v. CraigSupreme Court of Minnesota · 1900
  4. Berryhill v. CarneySupreme Court of Minnesota · 1899

3Cited by1 opinion

  1. Hintz v. StateWisconsin Supreme Court · 1905

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