33 Vt. 167 | Vt. | 1860
This case comes before this court on exceptions taken to allowing costs to be taxed for a subpoena and the ser
This being a matter of importance only in reference to practice and a rule of taxation, we think it better to regard the prevalent understanding and usage in this respect, than, for any purely technical reason, to hazard the confusion and probable perplexity that would result from holding that no such subpoena arfd its service could be made the subject of taxation. We are not unmindful of the seeming incongruity of holding that the precept is powerless to compel obedience to its command, and still allowing costs to be taxed for it and its service. But, upon the views above suggested, we think it better so to hold, than to undertake to change the course of practice, in contravention of the general understanding of the profession on this subject.
The judgment is therefore affirmed;