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Anonymous, 1 F. Cas. 992 (1863)
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Court
U.S. Circuit Court for the District of Southern New York · Historical Federal Courts
Decided
January 21, 1863
Judges
Man, Nelson, Ship
Citations
1 F. Cas. 9925 Blatchf. 134
Headnotes
Case No. 432. Witness — Attendance and Fees — Mileage. Traveling fees to a witness are allowable only to the extent a subpoena will run; that is, for any distance within the district, but for not exceeding 100 miles from the place of trial, unless the distance is wholly within the district. [Cited in Beckwith v. Easton, Case No. 1,212; Dennis v. Eddy, Id. 3,793; Haines v. McLaughlin, 29 Fed. 70; Young v. Merchants’ Ins. Co., Id. 275; The Vernon, 36 Fed. 116; Buffalo Ins. Co. v. Providence & S. S. S. Co., 29 Fed. 237; Wooster v. Hill, 44 Fed. 819. Disapproved in U. S. v. Sanborn, 28 Fed. 303, 3&t.] [See Eastman v. Sherry, 37 Fed. 844; Smith v. Chicago & N. W. Ry. Co., 3S Fed. 321; The Syracuse, 36 Fed. S30.]

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Opinion of the Court

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In this case, which was a question of the taxation of costs, SHIPMAN, District Judge, with the concurrence of Mr. Justice NELSON, held, that traveling fees to a witness were allowable only to the extent a subpoena would run; that is, for any distance within the district, but for not exceeding 100 miles from the place of trial, unless the distance was wholly within the district.

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1886–1887: 21892–1893: 21896–1897: 11898–1899: 118862026peak 1886 · 2

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