Fletcher v. Baxter
Supreme Court of Vermont
THE original action was a scire facias, brought by said Baxter against said Fletcher, as bail on an original writ in favour of said Baxter, against one Norris. To this scire facias, Fletcher plead in bar, that when Norris was arrested on said Baxter’s writ, he, Norris, was attending a Justice’s court, at Sharon, as a witness for said Fletcher, and had gone from Woodstock there for that purpose only; and this known to said Baxter.
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THE original action was a scire facias, brought by said Baxter against said Fletcher, as bail on an original writ in favour of said Baxter, against one Norris. To this scire facias, Fletcher plead in bar, that when Norris was arrested on said Baxter’s writ, he, Norris, was attending a Justice’s court, at Sharon, as a witness for said Fletcher, and had gone from Woodstock there for that purpose only; and this known to said Baxter. Yet, he caused Morris to be arrested, in violation of his privilege; to relieve from which arrest, this bail was given. To this plea Baxter demurred, and there was a…
1Opinion of the CourtPrentiss, J.
pronounced the opinion of the Court. It is a general principle, that parties and witnesses, and, indeed, all *229who have any relation to a cause which calls for their attendance in court, as bail, are privileged from arrest, during their attendance upon court, and in going to and returning, from it, whether they are compelled to attend or not. — Meekins vs. Smith, 1 H. Black. 636. — 1 Tidd’s Pr. 173. And this privilege, it seems, extends to a witness or party, attending, before any tribunal sitting in the nature of a court, in the administration of justice; as before a reference under a rule of…
2Cases cited3 opinions
- Brown v. GetchellMassachusetts Supreme Judicial Court · 1814
- Percival v. JonesNew York Supreme Court · 1800
- Cooke v. GibbsMassachusetts Supreme Judicial Court · 1807
3Cited by6 opinions
- In Re EmmettCalifornia Court of Appeal · 1932
- Wood v. KinsmanSupreme Court of Vermont · 1833
- Dickinson v. FarwellSupreme Court of New Hampshire · 1902
- Bank of Vergennes v. BarkerSupreme Court of Vermont · 1855
- Ryan v. ICECourt of Appeals for the First Circuit · 2020
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