Lyon ex dem. Eden v. Wilkes
New York Supreme Court
Ín ejectment, and verdict for the plaintiff, the costs in this cause and ten others, on the same demise, had been taxed up-tin notice.
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Ín ejectment, and verdict for the plaintiff, the costs in this cause and ten others, on the same demise, had been taxed up-tin notice. At the last term, Z). S. Jones, for the defendant, moved lor a relaxation, and made the following objections, among others : . 1. That witnesses’ fees were taxed, without proof of their attendance on the trial. 2. That the fees for the attendance of surveyors, as witnesses, were taxed at $ 1,25 per day, though there had hot been a view. 3. As to one of the causes, though noticed for the April sittings, in 1820, the plaintiff had not placed it upon the general…
1Opinion of the Court
Curia.
The mere circumstance, that the items for wit?" nesses’ fees were objected to before the taxing officer, is not a sufficient ground óf moving for a re-taxation. There is nor affidavit here, nor was there any before the taxing officer, that the witnesses did not attend, as charged in the bill. In the absence of evidence to the contrary, we will intend, that he had due proof of their attendance.
The charge for the attendance of a surveyor, at $1,25 per day, is inadmissible, except where a view is had in the cause» In all other cases, he stands upon the footing of an ordinary witness, and…
2Cited by4 opinions
- Cord v. SouthwellWisconsin Supreme Court · 1862
- People ex rel. Lumley v. LewisNew York Supreme Court · 1863
- Hathaway v. RoachU.S. Circuit Court for the District of Massachusetts · 1846
- Lott v. KrakauerNew York Marine Court · 1878