47 Vt. 715 | Vt. | 1875
The opinion of the court was delivered by
This was a petition for the establishment of a ¡depot, some two miles south of Bradford village, entered March
The costs having been taxed by the clerk, objection and exception was taken to the taxation for several witnesses who were summoned and attended, but were not called upon to testify.
An appeal was taken, and, by consent, was heard by Barrett, J., who held that the subject was to be governed by the same rules, and to be disposed of on the same considerations, as in cases tided in court, and that co-ts would not be allowed for such witnesses, unless it should be shown affirmatively that they were summoned in good faith, and for such cause and occasion as would justify their attendance at the expense of the other party. In this case, the costs for these witnesses wore disallowed, for failure to show such cause and occasion. There was no taxation or allowance of costs by the commissioners, nor did the report contain anything bearing on the subject. ... . .
The judge decided that, in such cases, costs should be taxed by the commissioners in the same manner as by auditors and referees ; and, if question was to be made to the court as to such taxation, that the commissioners should report the facts involved in such question, and material to the proper decision of it.