Central of Georgia Ry. Co. v. McGilvary
Alabama Court of Appeals
Appeal from Circuit Court, Barbour County; A. A. McDonald, Special Judge. Action by Hamp McGilvary, by bis next friend, against tbe Central of Georgia Railway Company. On mótion of defendant to retax tbe costs. Motion granted in part, and in part denied, and defendant appeals.
1Opinion of the CourtBrigken, J.
Appellant made a motion in tbe court below to retax tbe cost of issuing subpoenas, serving same, and tbe witness fees of a number of witnesses wbo were subpoenaed by tbe plaintiff, but not examined as witnesses, on tbe ground that the taxation of those costs was excessive. The court granted tbe motion only as to one witness, who did not appear in obedience to tbe subpoena, but refused it as to all tbe others.
[1] On tbe trial of tbe motion, appellant offered proof that the witnesses named in tbe motion had been subpoenaed by tbe plaintiff, but not examined. This proof made a prima facie case…
2Cases cited3 opinions
- Lockwood v. ThompsonSupreme Court of Alabama · 1916
- Briley v. HodgesSupreme Court of Alabama · 1836
- Porter v. Tennessee Coal, Iron & R. R. Co.Alabama Court of Appeals · 1915