Meagher v. Van Zandt
Nevada Supreme Court
Appeal from the District Court of the Fifth Judicial District, Nye County. The opinion in this case does, not require a statement of the facts. I. The court erred in not accepting, as evidence, the subpeena iu Harvey v. Van Zandt.
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Appeal from the District Court of the Fifth Judicial District, Nye County. The opinion in this case does, not require a statement of the facts. I. The court erred in not accepting, as evidence, the subpeena iu Harvey v. Van Zandt. It would have conclusively proved that the mileage fees paid was a necessazy disbursement in the Harvey case ; that the same had been paid in that action, and unless required to attend in this case by the process of the court issued in this action and duly served ozi the witnesses, the charge of such mileage fees was not a proper charge to make in this action. (2…
1DissentHawley, C. J.
In my opinion witnesses who attend court at the request of a party without the service of a subpoena are entitled, under the statute, to fees and mileage for attendance. It is claimed that the words ‘ ‘ required to attend ’ ’ (2 Comp. Laws, 2742) confine the allowance of fees to witnesses who are required to attend court by virtue of legal process. In support of this view the decisions of the federal courts, which hold that “ pursuant to law ’ ’ means upon service of process, are cited. The statute of this state does not, however, confine the payment of fees to witnesses who are required to •…
2Cases cited5 opinions
- Crawford v. AbrahamOregon Supreme Court · 1866
- McHugh v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
- Willink v. ReceleNew York Supreme Court · 1837
- Robison v. BanksSupreme Court of Georgia · 1855
- Vence v. SpeirThe Superior Court of New York City · 1859