Le Mere v. McHale
Supreme Court of Minnesota
This action was brought in the district court for Washington county, to recover damages for assault and battery. The application of plaintiff for an allowance for “expert fees” having been denied by McGluer, J., the plaintiff appealed; and the parties to the action entered into a stipulation that the appeal be heard without further notice, waiving bond and security. The case containing the evidence does not appear to have been settled and allowed by the court below.
1Opinion of the CourtMitchell, J.
Gen. St. 1878, c. 70, § 8, provides “that the judge of any court of record in this state, before whom any witness is summoned, or sworn and examined, as an expert in any profession or calling, may, in his discretion, allow such fees or compensation as, in his judgment, may be just and reasonable.” It was evidently designed to leave the matter of allowing or disallowing extra compensation to expert witnesses wholly to the discretion of the trial judge. Hence, if there could be any ease in which we would feel warranted in reversing an order refusing such allowance, it would at most only be one…
2Cited by7 opinions
- Miller v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Anderson v. FlorenceSupreme Court of Minnesota · 1970
- State v. Castillo-AlvarezCourt of Appeals of Minnesota · 2012
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908
- Farmer v. Stillwater Water Co.Supreme Court of Minnesota · 1902
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