Bank of Niagara v. Austin
Bank of Niagara v. Austin
6 Wend. 548
Opinion of the Court
Counsel fee, attending prepared either to try cause or argue case, is a proper charge when the cause is noticed by either party.
Attorney's fee, attending prepared to argue a case, is not a proper charge when the case is not argued, except when the attendance is pursuant to notice from the opposite party.
A foreign witness, subpoenaed at the place of trial, is not entitled to travelling fees.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.