Gause v. Edminston

Citations

• 35 Tex. 69

Syllabus

<p>1. By the act of May 19, 1871 (General Laws, p. 108), a party litigant may testify in his own behalf in all cases except actions against executors, administrators or guardians ; or lie may be called to the witness stand by the opposite party. Seld, that when the party thus becomes or is made a witness, he is not entitled to witness fees.</p> <p>2. A witness’s affidavit, for the purpose of proving the costs to which he is entitled, should fully state the number of days he has attended, and the number of miles for which he is entitled to charge.</p> <p>8. A district clerk’s certificate of the attendance of a witness is only pi*ima facie evidence against the party chargeable with the witness’s cost; and the acts of the clerk in this and all other respects, are subject to be inspected and corrected by the court.</p>