Starmont v. Cummins
Michigan Supreme Court
Certiorari to Ingham; Person, J. Mandamus by Adolph M. Starmont to compel Alva M. Cummins, prosecuting attorney • of Ingham county, to countersign a certificate for witness fees. From an order granting the writ, respondent brings certiorari. A warrant was issued by a justice of the peace for the arrest of an offender. The warrant contained a clause directing the officer into whose hands it came to subpoena certain witnesses, among whom was relator.
Read the full summary
Certiorari to Ingham; Person, J. Mandamus by Adolph M. Starmont to compel Alva M. Cummins, prosecuting attorney • of Ingham county, to countersign a certificate for witness fees. From an order granting the writ, respondent brings certiorari. A warrant was issued by a justice of the peace for the arrest of an offender. The warrant contained a clause directing the officer into whose hands it came to subpoena certain witnesses, among whom was relator. It was ■ placed in the hands of relator, who made the arrest and brought the prisoner before the court. Relator gave testimony, and received a…
1Per curiam
The statute under which relator claims his fees reads as follows: “That whenever any person shall attend any court as a witness in behalf of the people of this State, upon request of the public prosecutor, or upon a subpoena, or by virtue of any recognizance for that purpose, he shall be entitled to the following fees,” etc. 2 How. Stat. § 9064. The relator was in court as an officer in charge of a prisoner, and entitled to receive his fees as such officer. The evident purpose of this stat-’ ute is to compensate a witness to some extent for his loss of time. Most men are engaged in some…
2Cases cited2 opinions
- Board of Commissioners v. BromleyIndiana Supreme Court · 1886
- Commonwealth ex rel. Freytag v. Commissioners of Philadelphia CountySupreme Court of Pennsylvania · 1814
3Cited by4 opinions
- Bath Charter Township v. Clinton CountyMichigan Court of Appeals · 1988
- Chipman v. Wayne County AuditorsMichigan Supreme Court · 1901
- City of Downey v. GonzalesCalifornia Court of Appeal · 1968
- City of Downey v. GonzalesCalifornia Court of Appeal · 1968