Rodrigues ex rel. Garcia v. Teixeira

OPINION OF THE COURT BY

FREAR, C.J.

The petitioners appeal from so much of the final judgment or decree dismissing the petition as taxes to them costs in the *490Bum of $92.50, consisting of $18 mileage and $3 attendance-fees for each of four witnesses subpoenaed by the respondents, and $8.50 attorney’s fees for drawing demurrer, serving a copy thereof on opposite counsel and attendance upon the trial and upon the taxation of costs.

The respondents make a preliminary objection that the appeal does not lie on the ground that it is from an interlocutory oral order taxing costs on June 29, 1905, and…