Tritchler v. Smith

This case was tried to a jury and resulted in a verdict in favor of the defendants. In the judgment entered pursuant to the verdict costs were taxed in favor of the defendants. The plaintiff objected to certain items of cost so taxed and moved the district court to review the taxation of costs. The district court allowed all the items as taxed by the clerk and the plaintiff has appealed.

The sole item of costs involved on this appeal is the allowance of per diem to a certain witness who resides in Montana and traveled from that state to Fargo, North Dakota, where the case was tried. There is…