Alabama Midland Railway Co. v. Rushing
This text of 103 Ala. 542 (Alabama Midland Railway Co. v. Rushing) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The record fails to show that any final judgment has been tendered in the case to authorize an appeal, but, pretermitting this defect, the circuit court did not err, in its ruling on the motion of the appellant to re-tax the cost. Section 2801 of the Code provides that the evidence of a witness may be taken by deposition, “when the witness resides more than one hundred miles from the place of trial,” &c.; but the statute does not require that the evidence shall be taken by deposition. If the witness resides in the State and is subpoenaed, and attends in obedience to the subpoena, he is entitled to his mileage and per diem, as other witnesses. There is no error in the record.
Affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
103 Ala. 542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alabama-midland-railway-co-v-rushing-ala-1893.