Albion Lumber Co. v. Inter-Ocean Transp. Co.

This is a motion to strike out from the costs taxed by the clerk the item of $20 allowed to respondent’s proctor as a docket fee. This cause was regularly set for hearing, and upon the day designated respondent was in attendance with its witnesses and ready to proceed. Libelant’s proctor appeared and asked for a continuance, on the ground that he had been misinformed as to the testimony in the case, and desired time to investigate, and interview a certain witness upon whom he relied, and who, he had just been told, would not testify as he had expected him to do. The court granted the motion for a continuance, subject, however, to the condition that the testimony of a witness for respondent, who was present in court, should be taken, so as to avoid the necessity of bringing him in again. The witness was either sworn, or just about to be sworn, but had given no testimony whatever, when proctor for libel-ant moved for a dismissal of the cause without prejudice. The motion was not resisted by respondent, and an order was entered dismissing the cause upon libelant’s motion, without prejudice, but with costs to respondent. Among the items of costs taxed by the clerk was the proctor’s…