White v. Judd

Massachusetts Supreme Judicial Court
White v. Judd, 42 Mass. 293 (Mass. 1840)
Wilde

White v. Judd

Opinion of the Court

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.

Reference

Full Case Name
Alfred White v. Edward I. Judd
Status
Published