Witnesses compelled to testify.

- When a witness is compelled to testify before the court, the party cast in the suit is liable to pay the fees of a limited number of them. Almand v. Atlantic Coast Line R.R., 118 Ga. 468, 45 S.E. 302 (1903).

Incompetent witnesses.

- If a witness is rejected for incompetency, the cost can be only collected from the party at whose instance the incompetent witness was subpoenaed. Crozier v. Berry, 27 Ga. 346 (1859).

Costs are not allowed for more than two witnesses on one point. Holmes v. Huguley, 136 Ga. 758, 72 S.E. 38 (1911).

If witnesses not sworn, costs cannot be taxed. Mason & Waldrip v. Dean & Nash, 10 Ga. 443 (1851).

Witnesses must be subpoenaed, sworn, and examined on trial. Hix v. Gully, 113 Ga. 83, 38 S.E. 399 (1901).

Expenses of taking depositions are not included as costs. Almand v. Atlantic Coast Line R.R., 118 Ga. 468, 45 S.E. 302 (1903).

Conclusion that expenses in discovery are not taxed as costs flows from the reasoning of this section which implies that the expenses incident to actual trial testimony are what is meant to be included in the costs. City of Atlanta v. International Ass'n of Firefighters Local 134, 240 Ga. 24, 239 S.E.2d 353 (1977).

Agreement between parties as to costs.

- When parties entered into agreement as to payment of costs, it was proper for the judge to refuse an entry nunc pro tunc for costs on account of the agreement. Calhoun v. Mayor of Atlanta, 42 Ga. 187 (1871).

When there is settlement without trial and an agreement as to witness fees, it is otherwise. Southern Ry. v. Dalton Tel. Co., 145 Ga. 189, 88 S.E. 940 (1916).

Plaintiff must pay costs before renewal. Holmes v. Huguley, 136 Ga. 758, 72 S.E. 38 (1911).

Former Civil Code 1895, § 5394 (see now O.C.G.A. § 9-15-11) did not warrant taxing costs for witness fees when the party would not be liable under former Civil Code 1895, § 5392 (see now O.C.G.A. § 9-15-8). Hix v. Gully, 113 Ga. 83, 38 S.E. 399 (1901).

ALR.

- Validity of contract to testify, 41 A.L.R. 1322; 45 A.L.R. 1423.

Power of court which appoints or employs expert witnesses to tax their fees as costs, 39 A.L.R.2d 1376.

Right of witness detained in custody for future appearance to fees for such detention, 50 A.L.R.2d 1439.

Allowance, as taxable costs, of witness fees and mileage of stockholders, directors, officers, and employees of corporate litigant, 57 A.L.R.2d 1243.

Allowance of mileage or witness fees with respect to witnesses who were not called to testify or not permitted to do so when called, 22 A.L.R.3d 675.