Clark v. American Dock & Improvement Co.

U.S. Circuit Court for the District of Southern New York

Clark v. American Dock & Improvement Co.

25 F. 641, 1885 U.S. App. LEXIS 2307

CourtU.S. Circuit Court for the District of Southern New York

DecidedNovember 25, 1885

StatusPublished

This text of 25 F. 641 (Clark v. American Dock & Improvement Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. American Dock & Improvement Co., 25 F. 641, 1885 U.S. App. LEXIS 2307 (circtsdny 1885).

Pincite

Opinion

Wheeler, J.

The clerk has taxed for witnesses not actually called and sworn on trial. No facts are reported as found as a ground of taxation or for refusing taxation. It is taken from the fact of taxation that all facts necessary wore found; and no question arises except whether witnesses can be taxed for upon any state of facts when they are not called. Witness fees are taxable for attendance in court. Bev. St. § 848. This of course moans necessary and proper attendance in good faith, which the clerk must have found. Taxation of clerk approved.

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Wheeler, J.

The clerk has taxed for witnesses not actually called and sworn on trial. No facts are reported as found as a ground of taxation or for refusing taxation. It is taken from the fact of taxation that all facts necessary wore found; and no question arises except whether witnesses can be taxed for upon any state of facts when they are not called. Witness fees are taxable for attendance in court. Bev. St. § 848. This of course moans necessary and proper attendance in good faith, which the clerk must have found. Taxation of clerk approved.

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Bluebook (online)

25 F. 641, 1885 U.S. App. LEXIS 2307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-american-dock-improvement-co-circtsdny-1885.