Coker v. Patty's Heirs

Supreme Court of Alabama

Coker v. Patty's Heirs

51 Ala. 511

CourtSupreme Court of Alabama

DecidedJune 15, 1874

StatusPublished

Cited by1 cases

This text of 51 Ala. 511 (Coker v. Patty's Heirs) 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.

Bluebook

Coker v. Patty's Heirs, 51 Ala. 511 (Ala. 1874).

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Opinion

B. F. SAFFOLD, J.

The appeal is taken from the judgment of the court denying relief on a motion to retax costs, and to amend the judgment nunc pro tune, in a suit between these parties, in which the appellants were the defendants, and the judgment was against them.

[512]*5121. The objections to the costs were, that they were excessive, and that fees were charged for witnesses who were not examined. Witnesses, if they attend upon subpoena, and secure the proper certificate from the clerk, are entitled to pay, whether they are examined or not. Their attendance may be taxed in the bill of costs, and must be paid by the unsuccessful party, unless it is made to appear that they were summoned unnecessarily, or to oppress, by the opposite party. Briley v. Hodges, 3 Port. 335; Hill & Proctor v. White, 1 Ala. 576. The movants did not offer any evidence of the excess of charges. The court could not do otherwise than refuse the motion to retax the costs.

2. The amendment of the judgment was asked to be made from an entry of the judge on the docket, and an agreement of the plaintiffs on file. The court was willing to amend by the entry, but refused to consider the agreement. The judgment sought to be amended is not set out, and nothing appears to make the agreement a part of the record. R. C. §§ 2807, 2812; Deslonde & James v. Darrington’s Heirs, 29 Ala. 92.

The judgment is affirmed.

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B. F. SAFFOLD, J.

The appeal is taken from the judgment of the court denying relief on a motion to retax costs, and to amend the judgment nunc pro tune, in a suit between these parties, in which the appellants were the defendants, and the judgment was against them.

[512]*5121. The objections to the costs were, that they were excessive, and that fees were charged for witnesses who were not examined. Witnesses, if they attend upon subpoena, and secure the proper certificate from the clerk, are entitled to pay, whether they are examined or not. Their attendance may be taxed in the bill of costs, and must be paid by the unsuccessful party, unless it is made to appear that they were summoned unnecessarily, or to oppress, by the opposite party. Briley v. Hodges, 3 Port. 335; Hill & Proctor v. White, 1 Ala. 576. The movants did not offer any evidence of the excess of charges. The court could not do otherwise than refuse the motion to retax the costs.

2. The amendment of the judgment was asked to be made from an entry of the judge on the docket, and an agreement of the plaintiffs on file. The court was willing to amend by the entry, but refused to consider the agreement. The judgment sought to be amended is not set out, and nothing appears to make the agreement a part of the record. R. C. §§ 2807, 2812; Deslonde & James v. Darrington’s Heirs, 29 Ala. 92.

The judgment is affirmed.

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Bluebook (online)

51 Ala. 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coker-v-pattys-heirs-ala-1874.

Opinion

B. F. SAFFOLD, J.

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