Hardin v. Polk County
Supreme Court of Iowa
Appeal from Polk District Court. This is au agreed case for the purpose of determining the right of plaintiff to recover of defendant his fees as a witness in certain state cases tried in Polk county. He was subpoenaed in five different cases, and attended the court for fifteen days. The subpoenas required him to attend on the 10th of November in each case; he was finally discharged on the 25th. In the meantime, on different days, the causes had been disposed of.
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Appeal from Polk District Court. This is au agreed case for the purpose of determining the right of plaintiff to recover of defendant his fees as a witness in certain state cases tried in Polk county. He was subpoenaed in five different cases, and attended the court for fifteen days. The subpoenas required him to attend on the 10th of November in each case; he was finally discharged on the 25th. In the meantime, on different days, the causes had been disposed of. He claims for attendance and mileage in each case, beginning on the 10th,. until, it was disposed of. He thus makes a claim for…
1Opinion of the CourtBeck, J.
In our opinion the decision of the District Court is erroneous, for the simple and obvious reason that, as a man cannot perform five days’ service in one day, the law will not allow compensation for five days’ service claimed to have been done in one day. The law cannot overcome physical impossibilities; it cannot make five days out of one. It will not do that which is equally impossible in morals, namely, bestow five days’ compensation for one rendered. But if the statute requires us to accept the fiction that plaintiff did perform five days’ service in one day, he is, under the liberality…
2Cases cited1 opinion
- Meffert v. Dubuque, B. & M. R. R.Supreme Court of Iowa · 1872