Brandon v. Garland

The appeal is from a judgment on motion to retax costs.

The defendant pleaded set-off. He was successful in establishing his set-off, or a portion thereof, but less in amount than plaintiff’s demand. Judgment was rendered for plaintiff for full costs. Defendant moved to retax the fees of witnesses summoned and examined to prove the different items of set-off and the officers’ fees for issuing and serving subpoenas. The court, on this motion, rendered judgment taxing each party with one-half the costs in the cause.

The' question arises on a construction of section 3662, Code of 1907, as amended…