Bank of Niagara v. Austin
6 Wend. 548
Opinion
Counsel fee, attending prepared either to try cause or argue case, is a proper charge when the cause is noticed by either party.
Attorney's fee, attending prepared to argue a case, is not a proper charge when the case is not argued, except when the attendance is pursuant to notice from the opposite party.
A foreign witness, subpoenaed at the place of trial, is not entitled to travelling fees.
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Bank of Niagara v. Austin, 6 Wend. 548 (N.Y. Super. Ct. 1831).
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