93 Ga. 575 | Ga. | 1894
It does not distinctly appear from the record how the clerk arrived at the amount of the fees due the witnesses, respectively, but it is inferable, from the allegations of the affidavit of illegality, that the witnesses went before the clerk and made affidavits as to the number of days they had attended in obedience to their subpoenas. Copies of some or all of these affidavits, not verified by the clerk, were attached to the record sent to this court, together with an agreement of counsel that if this court should determine they were properly parts of the record, they might be examined and treated as such without being certified. "We find, upon examination, that they are not parts of the record of the present case, and therefore, even if material, they could not be considered in making up our judgment. They are, however, immaterial, and are mentioned only for the purpose of illustrating the position taken by counsel for the defend