Friddle v. Braun
Alabama Court of Appeals
Motion to Retax Costs. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Motion to retax costs made by James A. Friddle and directed to Lewis Braun and others. From an order overruling the motion to retax, movant appeals.
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Motion to Retax Costs. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Motion to retax costs made by James A. Friddle and directed to Lewis Braun and others. From an order overruling the motion to retax, movant appeals. When costs are taxed contrary to law the party aggrieved may move the court for re-taxation setting forth the particulars wherein the costs have been erroneously taxed.- — - Code, sec. 3684. The time within which witnesses may claim their attendance and mileage, and within which the clerk is permitted to issue certificates is limited to five days after the…
1Opinion of the CourtPelham, J.
The appeal in this case is prosecuted from an order of the court overruling the motion of appellant, as the unsuccessful party to the cause, to retax the costs, or witness fee, of .one of the witnesses in said .cause. The motion was made, and this appeal prosecuted, under authority of the provisions of the act approved March 4, 1911 (Acts 1911, p. 90), amending section 2684 of the Code. It was shown on the hearing of *432the motion that the .original suit, in which the witness fee and mileage of the witness objected to had been taxed as costs Avas tried before the court without a jury on November…
2Cases cited5 opinions
- Burns v. HowardSupreme Court of Alabama · 1880
- Alabama Midland Railway Co. v. RushingSupreme Court of Alabama · 1893
- Marsh v. Branch Bank at MobileSupreme Court of Alabama · 1846
- Elliott v. HowisonSupreme Court of Alabama · 1909
- Ward v. ChaversSupreme Court of Alabama · 1896
3Cited by1 opinion
- Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915