U.S. Circuit Court for the District of Southern New York November 25, 1885 (Clark v. American Dock & Improvement Co.)

Wheeler, J.

The clerk has taxed for witnesses not actually called and sworn on trial. No facts are reported as found as a ground of taxation or for refusing taxation. It is taken from the fact of taxation that all facts necessary wore found; and no question arises except whether witnesses can be taxed for upon any state of facts when they are not called.