Dickinson v. Farwell
Supreme Court of New Hampshire
Trover. Facts agreed, and case transferred from the May term, 1901, of the superior court by Peaslee, J. The defendant, a resident of New York, while in attendance as a witness before a referee in an action pending in the superior court for Sullivan county, was arrested upon the capias writ in this action, and in a short time furnished bail without objecting to the arrest.
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Trover. Facts agreed, and case transferred from the May term, 1901, of the superior court by Peaslee, J. The defendant, a resident of New York, while in attendance as a witness before a referee in an action pending in the superior court for Sullivan county, was arrested upon the capias writ in this action, and in a short time furnished bail without objecting to the arrest. He left the witness stand a few moments before the arrest, but was not discharged from further attendance, and testifled subsequently. On the first day of the May term, 1900, to which the writ was returnable, he appeared…
1Opinion of the CourtChase, J.
“Parties and their witnesses are privileged from arrest while going to, attending upon, and returning from the trial of an action. A person who procures an arrest ha violation of the privilege is guilty of contempt of court] and the action in which the arrest is made is subject to abatement for want of proper service.” Ela v. Ela, 68 N. H. 312, 313. The privilege was not. established for the benefit of the persons privileged, but to protect the administration of justice. State v. Buck, 62 N. H. 670. It extends to parties and witnesses attending a hearing before a referee. Ib.; Larned v.…
2Cases cited10 opinions
- Parker v. . MarcoNew York Court of Appeals · 1893
- In re HealeySupreme Court of Vermont · 1881
- Brown v. GetchellMassachusetts Supreme Judicial Court · 1814
- Bours v. TuckermanNew York Supreme Court · 1811
- Baker v. CopelandMassachusetts Supreme Judicial Court · 1885
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3Cited by2 opinions
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