Anderson v. Moe
U.S. Circuit Court for the District of Eastern Michigan
Question of taxation of costs: After the trial of this action, a question arose as to the amount to be allowed in the taxation of costs for the traveling fees of a witness,— Stafford. This witness resided in another district, — New York, — and more than one-hundred miles from the place of trial. He was not subpoenaed, but attended voluntarily at the request of the plaintiffs.
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Question of taxation of costs: After the trial of this action, a question arose as to the amount to be allowed in the taxation of costs for the traveling fees of a witness,— Stafford. This witness resided in another district, — New York, — and more than one-hundred miles from the place of trial. He was not subpoenaed, but attended voluntarily at the request of the plaintiffs. The defendant objected to the allowance of traveling fees of the witness from his residence to the place of trial, and for returning: 1st. Because his testimony by deposition had been taken and filed in the case. 2nd.…
1Opinion of the Court
WITHEY, District Judge.
The first objection is not allowable. If a witness is present at the trial his deposition ought not tp be used. If the testimony was material, the-party had a right to have the witness present before the court and jury, if his attendance could be procured.
The second objection is not well made, and that and the third will be considered together. If a witness resides in another state, and more than one hundred miles from the place of trial, a subpoena cannot be made effective; its service will be useless; it will afford no ground for an attachment. Is a party, therefore,…
2Cases cited2 opinions
- Whipple v. Cumberland Cotton Manuf'g Co.U.S. Circuit Court for the District of Maine · 1844
- Dreskill v. ParishU.S. Circuit Court for the District of Ohio · 1851
3Cited by9 opinions
- United States v. SanbornU.S. Circuit Court for the District of Massachusetts · 1886
- The VernonDistrict Court, E.D. Michigan · 1888
- Hanchett v. HumphreyU.S. Circuit Court for the District of Nevada · 1899
- Burrow v. Kansas City, Ft. S. & M. R.U.S. Circuit Court for the District of Western Tennessee · 1893
- Pinson v. Atchison, T. & S. F. R.U.S. Circuit Court for the District of Western Missouri · 1893
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