Perkins v. Delta Pine Land Co.

Citations

• 66 Miss. 378
• 6 So. 210

Syllabus

<p>1. Witness. Not a party to suit.</p> <p>A witness is not a party to a cause in which he is summoned; fees are not taxed in his favor. He must look for his compensation to the party summoning him.</p> <p>2. Witness cannot Appeal.</p> <p>A witness has no right to appeal from a judgment taxing or re-taxing costs.</p> <p>3. -How Witness Fees Recoverable.</p> <p>The mileage, tolls, and per diem allowed him by statute constitute a demand against the party summoning the witness; and in the event of suit thereon, the certificate issued to him is evidence in his favor. If not demanded and paid in advance, he may sue the party at whose instance he is summoned, but he has no standing in court as a party.</p>