Legal Opinion

United States v. Frink

U.S. Circuit Court for the District of Connecticut

Decided April 15, 1810PublishedCited by 1 opinion

THIS was an indictment similar to the one stated in the preceding case. Peleg Palmer, of Stonnington, a witness in support of the indictment, was summoned last September, and his fees tendered. He now refused to attend. The District-Attorney moved for a delay of the cause in order to afford time for a capias.

1Opinion of the CourtLivingston, J.

said the trial must go on; and the party might apply for an attachment, or bring an action for damages. Such was the rule in England, and in JVew-York.

The District-Attorney stated that it was usual in Connecticut to delay a cause to afford time to bring in a witness.

Edwards, J.

coming in, at this time, it was ruled by The Court, after a short consultation, that the trial must proceed, unless the District-Attorney would make affidavit that he could not, in his opinion, safely try the cause, without the attendance of Palmer. More witnesses are usually summoned than are necessary; and it would be…

2Cited by1 opinion

  1. Price v. PeopleIllinois Supreme Court · 1890

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