Massachusetts Supreme Judicial Court, 1840

White v. Judd

White v. Judd
Massachusetts Supreme Judicial Court · Decided September 15, 1840 · Wilde
42 Mass. 293

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.

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