
    Reynolds vs. Warner.
    G., a counsellor of this court', while attending the circuit pursuant to a subpoena served on the part of the defendant, was retained by him to try the cause, and did try it; the counsel previously retained for that purpose not being in attendance. Held, that the defendant was entitled to be allowed, in the taxation of costs, the fees for G.’s attendance as a witness, notwithstanding the provision in 2 R. S. 651, § 15.
    Witness fees. Mr. Galt,' a counsellor of this court, was subpoenaed by the defendant as a witness, and attended the trial accordingly. After his arrival at the circuit, he was retained by the defendant to try the cause; other counsel previously engaged for that purpose having failed to attend." It appeared that Mr. Galt was subpeenaed in good faith, and that he was a material witness for the defendant. A verdict was rendered in favor of the defendant, and he claimed the right of taxing fees for Mr. Galt’s attendance as a witness, notwithstanding he had tried the cause. The taxing officer allowed the charge; and now
    
      A. Taber, for the plaintiff,
    moved for a re-taxation, insisting that nothing could be allowed for Mr. Galt’s attendance as a witness. He cited 2 R. S. 651, § 15.
    
      M T. Reynolds, contra.
   The Chief Justice

said the case was not within the mischief which the statute was designed to remedy, and that the decision of the taxing officer was correct.

Motion denied.  