Farmer v. Storer
Massachusetts Supreme Judicial Court
In an action for a libel, the defendant pleaded the general issue and two pleas in justification. The case stood in order for trial on the 15th of February, and the next day, after the trial was begun, it was referred under a rule of court. The arbitrators awarded that the defendant should pay the costs of court and half the costs of the reference.
1Per curiam
A witness who attends- upon the request of a party, we think is duly summoned, within a reasonable construction of the statute, and the practice under it. The sole object of this statute appears to have been, to increase the fees of witnesses. By the former act, St. 1795, c. 41, witnesses were allowed a fee for travel and attendance, “ provided such witnesses do personally attend said courts respectively, and certify in writing their time and travel.” Taking both statutes together, we think it was not the intent of the last statute to require the formality of a subpoena ; but that in the…
2Cited by2 opinions
- Mankato Lime & Stone Co. v. CraigSupreme Court of Minnesota · 1900
- United States v. DagomanDistrict Court, D. Hawaii · 1915