Waikulani v. Carter

OPINION OF THE COURT BY

WHITING, J.

On motion of the defendant, a commission to take testimony in California was issued and on its return, the circuit court fixed the commissioner’s fee and expense at $15.25 and ordered it to be added to the costs of court. The case was discontinued by the plaintiff. The plaintiff’s attorney then withdrew the balance of the deposit required to be made with the clerk prior to this order of the court, and, there being no funds to the credit of plaintiff, the clerk charged the $15.25, commissioner’s fee, against the attorney for plaintiff, to which he objects,…