D. M. Osborne & Co. v. Gray
Supreme Court of Minnesota
This action being at issue, and having been called for trial by jury in the district court for Steele county, and a jury having been sworn to try the cause, the defendant failed to appear, his answer was withdrawn, and the jury, under the direction of the court, returned a verdict for plaintiff for $389.86. The plaintiff (a corporation) in its bill of costs included items of fees and mileage of witnesses at the.
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This action being at issue, and having been called for trial by jury in the district court for Steele county, and a jury having been sworn to try the cause, the defendant failed to appear, his answer was withdrawn, and the jury, under the direction of the court, returned a verdict for plaintiff for $389.86. The plaintiff (a corporation) in its bill of costs included items of fees and mileage of witnesses at the. June term, 1882, (when the cause was continued,) amounting to $82.46, and at the December term, 1882, (when the verdict was taken,) amounting to $93.58. The attorney’s affidavit as to…
1Opinion of the Court
By the Court. 1
Where, in a bill of costs offered for adjustment, are items for witnesses who, for any cause, were not sworn, if the items are objected to, an affidavit showing the attendance and travel of the witnesses, and stating that they were “necessary and material,” is not sufficient. There must be an affidavit stating facts which show the necessity of having them in attendance, which affidavit the party may furnish when the items are objected to.
Judgment affirmed.
Dickinson, J., because of illness, took no part in this decision.
2Cited by4 opinions
- Simpkins v. Atchison, T. & S. F. R.District Court, W.D. Missouri · 1894
- Berryhill v. CarneySupreme Court of Minnesota · 1899
- Merchants' State Bank v. St. Anthony & Dakota Elevator Co.Supreme Court of Minnesota · 1905
- Merriman v. BowenSupreme Court of Minnesota · 1886