Meffert v. Dubuque, B. & M. R. R.
Supreme Court of Iowa
Appeal from Jaclcson G-i/rcuit Cowrt. This is an appeal from a ruling upon a motion to re-tax costs. There were twelve appeals, with different plaintiffs, in right-of-way cases pending against the same defendant, and for trial in the same court at the same time, and were all disposed of in the first five days of the term. There was a large number of witnesses subpoenaed in each case, including the parties plaintiff in the others.
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Appeal from Jaclcson G-i/rcuit Cowrt. This is an appeal from a ruling upon a motion to re-tax costs. There were twelve appeals, with different plaintiffs, in right-of-way cases pending against the same defendant, and for trial in the same court at the same time, and were all disposed of in the first five days of the term. There was a large number of witnesses subpoenaed in each case, including the parties plaintiff in the others. The witnesses’ fees, as taxed in this case, amounted to $161.90, in all the cases, to $1,285. ■ On the motion to re-tax, the court ordered the fees taxed for the…
1Opinion of the CourtCole, J.
This case involves the question as to the right of witnesses to demand and receive, by taxation as costs, fees for mileage and per diem in several cases at the same time. This question depends upon the statute, and the rules of the court. It is enacted (Rev., § 4158): “ Each witness for attending before the district court, each day is entitled to one dollar. Mileage, for actual travel, per mile, five cents. * * * * * A witness who is subpoenaed in two or more cases, by the same party, shall be entitled to but one single compensation from such party for the same day’s attendance or travel. The…
2Cases cited2 opinions
- Willink v. ReceleNew York Supreme Court · 1837
- Robison v. BanksSupreme Court of Georgia · 1855
3Cited by1 opinion
- Hardin v. Polk CountySupreme Court of Iowa · 1874