Carman v. Emerson
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. Action by Eobert C. Carman against Beuben L. Emerson. A judgment was rendered for defendant, and plaintiff brings error.
Read the full summary
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. Action by Eobert C. Carman against Beuben L. Emerson. A judgment was rendered for defendant, and plaintiff brings error. In an action ponding in the circuit court of Columbia county, Arle., wherein the defendant in error was plaintiff and J. G. Kelso was defendant, a subpoena was duly issued out of that court for R. O. Carman, the plaintiff in error, commanding him to appear and testify on the part of the plaintiff in that action. This subpoena was returned duly served, and, the witness falling to appear…
1Opinion of the CourtCaldwell, Circuit Judge
The circuit court of Columbia county is a court of general, original jurisdiction. It has jurisdiction to issue writs of subpoena for witnesses in cases pending before it, and to enforce obedience to the exigencies of such writs by attachment. The subpoena was regularly issued, and the return of the sheriff thereon showed a due and legal service thereof on the witness, and neither the subpoena nor the return disclosed any fact which showed that the witness was not under legal obligation to obey the subpoena. Upon this state of the record the presumption was that the witness was under a legal…
2Cases cited4 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- Day v. . BachNew York Court of Appeals · 1881
- Finley v. St. Louis Refrigerator & Wooden Gutter Co.Supreme Court of Missouri · 1889
3Cited by6 opinions
- Thompson v. BakerDistrict Court, W.D. Arkansas · 1955
- T. W. Warner Co. v. AndrewsCourt of Appeals for the Second Circuit · 1934
- Campbell v. HydeSupreme Court of Arkansas · 1909
- Reisterer v. Lee SumCourt of Appeals for the Second Circuit · 1899
- Snyder v. HausheerCourt of Appeals for the Eighth Circuit · 1920
1 more not listed; retrieve them via the Exa API.