Healy v. Hillsborough County
Supreme Court of New Hampshire
Claim, for fees in state cases. The plaintiff, who is a police •officer, testified before the grand jurjr in several cases on the same day. In some instances more than one indictment was found on the same evidence. He was also a witness in the police court in some of these cases.
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Claim, for fees in state cases. The plaintiff, who is a police •officer, testified before the grand jurjr in several cases on the same day. In some instances more than one indictment was found on the same evidence. He was also a witness in the police court in some of these cases. The plaintiff claims (1) his actual travel and one day’s attendance on one indictment, (2) one mile’s travel ■and one day’s attendance on each of the other indictments, (3) fees as an officer for attending court and as a witness in the cases in which he testified in the police court. He also asked to be allowed pay…
1Opinion of the CourtYoung, J.
Witnesses were compelled to attend court without pay at common law, and tbe fees given them by statute are not intended as compensation for testifying, but simply to pay their expenses while away from home. Courtney v. Baker, 3 Denio 27, 32. Section 16, chapter 287, of tbe Public Statutes, which provides for tbe compensation of officers when tlieir presence is required in tbe police court, contains nothing to show that they are to be paid more when their presence is required as witnesses than when it is required for other purposes. So it is improbable that the legislature intended to pay…
2Cases cited1 opinion
- Courtney v. BakerNew York Supreme Court · 1846
3Cited by2 opinions
- City of Downey v. GonzalesCalifornia Court of Appeal · 1968
- City of Downey v. GonzalesCalifornia Court of Appeal · 1968