Barber v. Moss

HENRIOD, Justice.

Appeal from a judgment denying plaintiff witness fees during the time he was jailed as a material witness awaiting trial, because he was indigent and could not post bail. Affirmed, no costs awarded.

Plaintiff urges that Title 21-5-4, U.C.A.1953, which authorizes payment of fees for witnesses attending upon a court, requires payment to plaintiff of such fees on the theory that he actually “attended” court during his enforced custody awaiting trial. Respectable authorities support counsel,1 which represent the minority rule. We do not believe such construction must *269be given the…