McCaleb v. McCaleb

Mississippi Supreme Court
McCaleb v. McCaleb, 113 Miss. 337 (Miss. 1917)
74 So. 275
Smith

McCaleb v. McCaleb

Opinion of the Court

Smith, C. J.,

delivered the opinion of the court.

The decree of the court below was affirmed on a former day of this term, and in responding to a suggestion of error filed by counsel for appellants we said: [The opinion in full is reported in 110 Miss. 486, 70 So. 563.]

Pursuant to this permission, counsel for appellants-have filed a proper assignment of error and brief; and, *338upon an examination of the question presented, we are of the opinion that the fees of the jurors should not have been taxed against the litigants, as we have been unable to find any statute authorizing that to be done.

The decree of the court below, therefore, will be modified by eliminating this provision therefrom.

Reference

Cited By
2 cases
Status
Published
Syllabus
Cost. Item. Jury fees. The fees of jurors summoned on an issue devisavit vel non, which have been paid out of the county treasury, cannot he charged against the litigants as there is no statute authorizing that to be done.