Bratton v. Clendenin

Decided November 15, 1824

Supreme Court of South Carolina · decided 1824-11-15

In the above case, .George Dale had attended court as a witness for the plaintiff, being served with a subpoena ticket, but no subpoena writ having issued. The clerk taxed his attendance as if he had been subpoenaed.’ But the court on an appeal from the taxation, ordered the costs stricken out, because no writ had been issued.

Decided 1824-11-15

¶1The opinion of the court __ ivas delivered by

Mr. Justice Richardson,

¶2By tlx* act of 1791, every-witness is allowed 4s. 8d. per day; if from a distance; and but 2s. 4d. if a resident in the town where the court is holden; and it has been long the practice to allow any witness who is called upon without having been regularly subpoenaed, but 2s. 4d. placing him upon a foot-, ing with residents of the place.

¶3A subpoena ticket carries no authority, but is a mere ret • quest made to the witness to attend court. His costs therefore can he taxed at most at no more than 2s. 4d. And the motion is dismissed.

Colcock, Huger, Gantt, and Johnson, Justices, concurrent.