Booraem & Co. v. Wheeler
Supreme Court of Vermont
This was an action of assumpsit. The defendants pleaded in abatement, in substance, that, at the April term of the Rutland county court, 1839, the defendant, Wheeler, attended said court as a material witness in a cause then and there depending, and that during the session of said court, at said term, and while he was so in attendance as a witness, the plaintiffs prayed out their writ in this suit against these defendants and caused the writ to be served upon the defendant,…
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This was an action of assumpsit. The defendants pleaded in abatement, in substance, that, at the April term of the Rutland county court, 1839, the defendant, Wheeler, attended said court as a material witness in a cause then and there depending, and that during the session of said court, at said term, and while he was so in attendance as a witness, the plaintiffs prayed out their writ in this suit against these defendants and caused the writ to be served upon the defendant, Wheeler, by arresting his body. The plaintiffs demurred, generally, to said plea, and the defendant joined in demurrer.…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
— Every citizen has a right to bring his debt- or into court by legal process, at all times; which process is by summons, by attachment of property, or by arrest of the body. There is, however, a paramount right or privilege of the courts or their suitors, without which the commencement of an action might be of little use, that is, that suitors and witnesses may attend court unmolested in their persons. This latter right is, however, to be asserted in such manner as to infringe or interrupt the former right as little as possible. It has…
2Cited by7 opinions
- Christian v. WilliamsSupreme Court of Missouri · 1892
- Larned v. GriffinU.S. Circuit Court for the District of Massachusetts · 1882
- Palmer v. RowanNebraska Supreme Court · 1887
- Christian v. WilliamsMissouri Court of Appeals · 1889
- Ellis v. DegarmoSupreme Court of Rhode Island · 1892
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