Clapp v. Van Epps

Decided January 15, 1830

New York Supreme Court · decided 1830-01-15

Taxation of costs. The plaintiff charged for fees due sheriff for bringing up a witness on a habeas corpus ad testijicandum at the following rates, viz.: Attendance per diem, $3; expenses per diem, $1,50 ; mileage, 19 cts. per mile; and re-bed upon 9 Johns. R. 328, and 13 id. 123. The defendant insisted that the sheriff was entitled only to the allowance made by the fee bill in 2 R. L. 20.

Decided 1830-01-15

¶1By the Court,

Savage, Ch. J.

¶2The allowance approved by the court in Smith v. Birdsall, (9 Johns. R. 328,) was to an officer for bringing up a sheriff on an attachmentfor con*431tempt in not returning process. For such service no provision was made in the fee bill, and the verdict of the jury-was approved as a reasonable allowance. Here the prisoner was brought up on a habeas corpus ad testificandum ; the fees of the sheriff are expressly regulated by the fee bill and fixed at $1,50, 'besides mileage at the rate of 12f cents per mile, which we have said may be computed as well for returning from as going to the place of trial. (7 Cowen, 424.) Let the bill be taxed accordingly.