Mattocks v. Wheaton
Supreme Court of Vermont
This was an action of debt, to recover the penalty of ten dollars, given by the statute to the party aggrieved, for the disobedience of a subpoena. The case went into the county court by appeal, from the judgment of a justice of the peace. The county court rendered judgment for the defendant, and the plaintiff excepted.
1Opinion of the Court
The facts in the case are sufficiently stated in the opinion of the court delivered by
Williams, C. J.
The declaration must bring the defendant within the letter and spirit of the act.
The facts, so far as necessary to decide this action are, that on the 9th Nov. 1835, the plaintiff took out a subposna for the defendant, to appear before the county court, then *494sitting, to testify in a cause where the former was plaintiff, and John Stearns was defendant.
The subpoena was directed to any indifferent person, was served on the 18th November, by George J. Barker, and $1,10, for travel and attendance…
2Cited by4 opinions
- United States v. ShibleyDistrict Court, S.D. California · 1953
- Makekau v. KaneHawaii Supreme Court · 1910
- Smith v. WilburSupreme Court of Vermont · 1862
- Thomas v. GravesSupreme Court of Vermont · 1916