Sherman v. Davis

Circuit Court of the 9th Circuit of Michigan

Decided May 15, 1870

Circuit Court of the 9th Circuit of Michigan · decided 1870-05-15

The regular term of court commenced May 2d. stipulated, at the tirpe of the informal call of the calendar, that the cause should pot be placed on the call-board before the 17th day of May. The cause was not reached on the 17th, and counsel for the respective parties further stipulated that the, same should not be placed on call until a subsequent day in the term — on which subsequent day the trial was had, and judgmer^ rendered for the plaintiff.

Decided 1870-05-15

¶1By the Court,

Brown, J.

¶2Plaintiff asks costs for his witnesses *225who remained in attendance upon Court, notwithstanding the stipulation of counsel relative to'the call of the case. Nothing was said in the stipulation, about the attendance or non-attendance of witnesses. They might, for all that appears, have been here from a great distance, so that their traveling expenses, had they returned home, would have equalled their fees for their attendance through the term.

¶3I think, in the absence of any express stipulation, the pre- ■ vailing party should recover his witness fees for the time they are in actual attendance upon Court. Let the costs in this ca&p be taxed accordingly.