Rosekrans v. McIntyre — 9 Wend. 471

Majority

p. 471

Rosekrans vs. McIntyre.

Headnote

Expenses incurred by a party, in proceedings to procure attachments against his witnesses, are not taxable in the general costs against his adversary.

Motion for relaxation of costs. The plaintiff taxed in his general bill of costs $26 expenses, incurred in proceedings by him to procure attachments against his witnesses for their non-attendance at the circuit. The defendant moved for a relaxation. The motion was granted, the court holding that such expenses incurred by the plaintiff were not taxable against the defendant; that the remedy of the plaintiff was against his witnesses.