181 Mass. 306 | Mass. | 1902
These two cases were argued together. The question relates in each case to the taxation of fees for two witnesses in favor of Reid who was the prevailing party in both
It appeared that the cases were on the short list a greater number of days than were certified to by the witnesses. Charles was in actual attendance in the court room four days in answer to summonses. On the other days certified to by him he went to Reid’s office on Court Street and ascertained from Reid or Reid’s stenographer that he would not be wanted and went about his business without going to the court. To go to Reid’s office he had to leave his business and go .some distance away from it but he attended to his business afterward. He was paid $7 in cash in each case on a separate summons and had Reid’s promise to pay him for the rest of the time at the same rate. “ Holmes actually attended court on summonses four days and remained in the corridors four days, and one day went to Reid’s office and was excused by him.” There is nothing to show that there was any oppression or reckless expense or that in procuring the attendance of the witnesses Reid did not act in good faith. The objection is, in substance, that the witnesses did not attend unless they were actually in court during the number of days certified to.
In considering what shall constitute attendance by a witness the fact that persons who are or may be wanted as witnesses generally are engaged in business or occupations of their own should be taken into account and reasonable regard paid to it. If the witness Charles had gone to the court room and had then been excused for the rest of the day by Reid or by Reid’s direction we cannot doubt that that would have constituted attendance as a witness on his part for that day. It is immaterial it seems to us that instead of going to the court room he went to Reid’s office in close proximity to the court house. There is no statute that requires that a witness should attend all day in order to be entitled to his fee. Any attendance is a
Exceptions overruled.