Wilkie v. Chadwick
New York Supreme Court
This was an action of assumpsit-, tried at the Onondaga circuit in March, 1832, before the Hon. Daniel Moseley,one of the circuit judges, brought against the defendant for his non-attendance as a witness, at a court of common pleas held at Albion, in the county of Orleans, on the third Monday of June, 1831, recording to the acquirement of a subpoena served upon him in a cause prosecuted by the plaintiff.
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This was an action of assumpsit-, tried at the Onondaga circuit in March, 1832, before the Hon. Daniel Moseley,one of the circuit judges, brought against the defendant for his non-attendance as a witness, at a court of common pleas held at Albion, in the county of Orleans, on the third Monday of June, 1831, recording to the acquirement of a subpoena served upon him in a cause prosecuted by the plaintiff. The defendant resided, at the time of the service of the subpoena, at Skaneateles, in the county of Onondaga, a distance of 114 miles from the court house in Albion. The service was made…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The judge was right in refusing to nonsuit the plaintiff. It has been decided in Cogswell v. Meech, 12 Wendell, 147, that an action of this kind is local, in so far as the plaintiff seeks to recover the penalty,but transitory if he seeks merely to recover damages. By 2 R. S. 482, § 8, every action for a penalty or forfeiture shall be brought hi the county where the act was done upon which such penalty or forfeiture attached; and if brought in the supreme court, the venue in such action shall be laid in such county. The service of the subpoena and the default of the…
2Cases cited1 opinion
- Cogswell v. MeechNew York Supreme Court · 1834
3Cited by2 opinions
- Smith v. BullNew York Supreme Court · 1837
- Hurd v. SwanNew York Supreme Court · 1847