Legal Opinion

Mankato Lime & Stone Co. v. Craig

Supreme Court of Minnesota

Decided October 18, 1900No. Nos. 12,455—(82)PublishedCited by 4 opinions

Action in the district court for Blue Earth county. The case was tried before Severance, J., who found in favor of defendant. On plaintiff’s appeal from a decision of the clerk taxing certain disbursements in favor of defendant, the court, Cray, J., made an order sustaining the taxation. From a judgment in favor of defendant, plaintiff appealed.

1Opinion of the CourtCollins, J.

It is to be presumed, in the absence of any showing or even intimation to the contrary, that the witnesses whose fees for attendance and mileage were regularly taxed by the clerk of the district court were brought to attend the trial of this cause in good faith, and not with any improper motive. Both were sworn at the trial, and both testified. The only objection made to the allowance of their fees was that neither gave testimony which was material or relevant or competent upon any issue made by the pleadings. Counsel seeks to apply a test which would, as stated by the court below, compel a…

2Cases cited1 opinion

  1. Farmer v. StorerMassachusetts Supreme Judicial Court · 1831

3Cited by4 opinions

  1. Gopher Oil Co., Inc. v. Union Oil Co. of CaliforniaDistrict Court, D. Minnesota · 1991
  2. Barber v. RobinsonSupreme Court of Minnesota · 1901
  3. Merchants' State Bank v. St. Anthony & Dakota Elevator Co.Supreme Court of Minnesota · 1905
  4. United States v. DagomanDistrict Court, D. Hawaii · 1915

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