Miller v. Huntington
New York Supreme Court
Motion by plaintiff for retaxation of defendant’s costs.-—The bill contained a charge for proof of service of subpoena on witnesses ; a charge for the traveling fees of a witness on the first day of the circuit, a similar charge for traveling fees of the same witness on a subsequent day in the same circuit, for which the cause was set down, the witness having in the meantime returned home.
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Motion by plaintiff for retaxation of defendant’s costs.-—The bill contained a charge for proof of service of subpoena on witnesses ; a charge for the traveling fees of a witness on the first day of the circuit, a similar charge for traveling fees of the same witness on a subsequent day in the same circuit, for which the cause was set down, the witness having in the meantime returned home. And a charge of twenty-five cents for notice of taxation of costs, in addition to the charge of fifty cents for serving the costs with notice of taxation.
1Opinion of the Court
Beardsley, Justice.
Held, that the proof of service of subpcena, was not taxable, it being only necessary in case of the default of the witness, *219and there being a proper charge against him ; but, that both charges for traveling fees, and the charge of twenty-five cents for notice of taxation were properly allowed by the taxing officer.
2Cited by1 opinion
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