Hardy v. De Leon
Texas Supreme Court
Appeal from Victoria. The appellants sought to enjoin the collection of certain costs, taxed by the clerk in the bill of costs, as the compensation of witnesses under the provision of the 63d section of the act of 1S46. (Hart-Dig., art. 721.) The costs were taxed after the adjournment of the court, but before the issue of execution.
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Appeal from Victoria. The appellants sought to enjoin the collection of certain costs, taxed by the clerk in the bill of costs, as the compensation of witnesses under the provision of the 63d section of the act of 1S46. (Hart-Dig., art. 721.) The costs were taxed after the adjournment of the court, but before the issue of execution. The ground of objection to the taxation of the costs was, that the witnesses did not claim their fees for attendance, and make-tlie affidavit required by the statute, until after the term of the court at which* the case was tried. I. By the common law, costs were…
1Opinion of the CourtWheeleR, J.
The statute is silent as to the time when the witness must ■claim his fees for attendance. The better practice, doubtless, would be to require that tills be done at the close of each term on which he may have .attended, or as early as practicable after the final disposition of the cause. But the Legislature has not seen proper to prescribe this as the rule of practice. On general principles, the lees must be claimed and taxed before the issuing of execution; but the law does not require that this be done before the expiration of the term of the court at which the case was trie'd.
In this case…
2Cited by1 opinion
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