Love v. Ingram

Citations

• 29 S.C.L. 87

Syllabus

<p>1. Where a plaintiff subpoenaed witnesses who were not sworn on the trial, and submitted affidavits that it had been done in good faith, the Clerk has no right to refuse taxing the costs of their attendance on the ground that defendants submitted affidavits that plaintiffs were of bad character and not entitled to credit; nor to have such proof.</p> <p>2. The right to tax the costs of the witnesses arose from the subpoenas when they were shewn, the plaintiff had the right to claim that the attendance should be taxed, this might have been resisted by shewing that the witness or witnesses was, or were not sworn; to overcome this objection, the plaintiff is to shew that the witness or witnesses was, or were, subpoenaed in good foith; and this is done by the plaintiff’s affidavit.</p> <p>3. The rule in Taylor vs. McMahon, 1 Bailey, 131, stated and approved.</p>