Powell v. Wilson

By Judge John E. Wetsel, Jr.

Following the trial of this case in which the Plaintiffs prevailed in their ejectment action, the Plaintiffs moved the Court for an award of attorney’s fees and payment of court costs to include the cost of their surveyor who testified as an expert witness and certain other costs attendant to the survey. The Court denied the motion for an award of attorney’s fees and took under consideration the question as to whether expert witness fees may be assessed as costs in a law action.

In W. H. Bryson, Notes on Virginia Civil Procedure, p. 169 (1979), Professor Bryson…