White v. Judd

Massachusetts Supreme Judicial Court

White v. Judd

42 Mass. 293

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1840

StatusPublished

This text of 42 Mass. 293 (White v. Judd) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

White v. Judd, 42 Mass. 293 (Mass. 1840).

Pincite

Opinion

Wilde, J.

We have decided that actual travel of a witness from another State can be taxed only from the line of this State, in the usual route from his residence to the place of holding the court; Melvin v. Whiting, 13 Pick. 190 ; and there seems to be no good reason for giving a more liberal construction to the Rev. Sts. c. 121, § 36, in regard to the actual travel of a party. As the defendant has not actually travelled more than forty miles within the State, he can be allowed for travel only as if he had not attended the court in person ; viz. eighty miles out and home.

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Wilde, J.

We have decided that actual travel of a witness from another State can be taxed only from the line of this State, in the usual route from his residence to the place of holding the court; Melvin v. Whiting, 13 Pick. 190 ; and there seems to be no good reason for giving a more liberal construction to the Rev. Sts. c. 121, § 36, in regard to the actual travel of a party. As the defendant has not actually travelled more than forty miles within the State, he can be allowed for travel only as if he had not attended the court in person ; viz. eighty miles out and home.

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Bluebook (online)

42 Mass. 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-judd-mass-1840.