Naylor

On the motion of defendant to retax the costs in the above-entitled action, the court disallowed and ordered stricken from plaintiff’s cost bill the witness fees and mileage claimed for the witnesses, Stanley and Runnels, aggregating in amount the sum of $39.50.

It is first objected by plaintiff that the trial court should not have considered the motion, for the alleged reason that he was not given the notice thereof prescribed by the statute, the claim being that he was entitled to eighteen days’ notice, whereas he received but fourteen days’ notice. Since it transpires that plaintiff did in fact receive notice of said motion, and thereupon made an appearance by addressing to the judge of the trial court a letter which, in fact, constituted nothing less than a brief or argument against the granting of the motion, both for the technical reason we are now considering and upon the merits, we are unable to perceive what material difference it could have made to plaintiff in the court below or could now make whether the notice which it is insisted that the statute prescribes was given or not. The only object of the notice was accomplished, and it would be press ing technicality to…