The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-10-15
The Bill of Costs.

And here is the way the a. and n
G. attorneys come back and for the
reasons stated object to the paying or
some of these charges which they de-
clare illegal and out of all reason.
The Exceptions Made.
In The United States Circuit Court at
Raleigh. John P Cuyler and others
vs..
The Atlantic & North Carolina Rail
road Company. NO 200 in EquiIy.
Isxceptions to Bill of Costs and MOTION
to Re-taX the Same.
TO the Honorable, the United States
Circuit Court:
The defendant, The Atlantlc q
North Carolina Railroad Company, re-
81 ectfulIy objects and excerpts TO the
bill of costs as taxed by the clerk III
this case, and which bill Of costs is
hereto annexed, and it moves for re-
taxation Of the same. 1t makes the
following specific objections and ex-
ceptions to the said bill of costs;
First. The, sum of two hundred ana
thirty-five dollars and siXty-hVe NSzoo'-
65) cents taxed as fees earned by the
clerk, is not itemized, and detendant
objects to the same upon thal
ground. aao>
dollars is allowed to the solicitors tor
the plaintiff. Defendant objects to this
upon the ground that the bill in TINS
case was dismissed, and that under the
statutes the complainants sohcltors
are not entitled to tax Zee.
Third Defendant objects ana eA-
cepts to the expense account OF " H.
McRee sixtv-seven (S67.00) dollars, as
being unreasonable in amount and not
being itemized according to law Capt
Y r. McBee was appointed co-recelVei
% an the goth day of May, while he was
then in Raleigh. On the next day an
order was made suspending MN, ana
shortly thereafter the order went lnlo
effect. and he only served as two days
He travelled from Raleigh to New Bern
and back. The defendant cannot see
how he incurred 5000 railroad fare
and $4,000 hotel bill during those
DAYS. and objects to the said allow
ance. or to any allowance unless duly
item,zed and verified.
Fourth Defendant objects to the
allowance to F. Evans, typewriter OF
nine dollars and ninety-six ($9.3o)
cents for making copies for w. Elem-
ing Mr.. Fleming was of counsel for
the plaintiff, and if he desired copies
of any papers it was his duty, or the
duty of his clients, TO pay for making
said copies. The said cost is not al
lcwable by statute and ought not to be
charged against the defendant.
Fifth. De1enCdlll ODJectS 10 the d.
lowance of forty ($40.00) dollars to
Mrs. Nj. L. Calvert, stenographer and
tvDwriter The court did not appoint
any stcnographcr, and, without such
appointment, no allowance can be
made.
sixth. Defendant excerpts ana OBJ
iects to the sum of two hundred and
saventy-seven dollars and thirty
(S277.3O) cents for witnesses. only
one witness was examined, Mr.. Henrl
Page, and the case was heard arc
decided by the court upon bill, answer
and affidavits. There was no occasion
10 have witnesses examined, ana
,,laintiffs procured an order to sum
non witnesses, this expense Was nm
,rovidently incurred by them ano
ught not now be imposed upon the
defendant. -
seventh. Defendant objects to the
nm of five ($5 00) dollars claimed by
gr Woodville Fleming as the prem
nm on prosecution bond paid by com
,;aintants. This was not a bond re-
uired by receiver, or given under
the orders of the court, and this ex-