¶1The Act of 1870-’71, section 133, chapter 139, shows that the Court has power to allow compensation to a witness summoned as an expert. It is admitted, in this case, that $10 was a reasonable fee. The motion to retax should be allowed. This will be certified.
66 N.C. 626
State v. Dollar
Supreme Court of North Carolina
Decided January 15, 1872
Supreme Court of North Carolina · decided 1872-01-15
Motion to retax costs, heard before Watts, Judge, at Special 'Term, January, 1872, of Wake Superior Court. The indictment was for rape, and Dr. E. B. Haywood was summoned, not as a witness to any fact, but as a professional expert. In was admitted that the State was liable to be taxed with the fee for his attendance as a witness. The Clerk, in taxing the bill of costs, was presented by the witness with a bill for $10 as a proper fee for his attendance..
Decided 1872-01-15