Sherman v. Davis

1 Mich. N.P. 224

Opinion

By the Court,

Brown, J.

Plaintiff asks costs for his witnesses who remained in attendance upon Court, notwithstanding the stipulation of counsel relative to'the call of the case. Nothing was said in the stipulation, about the attendance or non-attendance of witnesses. They might, for all that appears, have been here from a great distance, so that their traveling expenses, had they returned home, would have equalled their fees for their attendance through the term.

I think, in the absence of any express stipulation, the pre- ■ vailing party should recover his witness fees for the time they are in actual attendance upon Court. Let the costs in this ca&p be taxed accordingly.