Legal Opinion

In re Lester

Supreme Court of Georgia

Decided November 9, 1886PublishedCited by 23 opinions

Courts. Practice in Superior Court. Witness. Subpoena. Jury and Jurors. Criminal Law. Before Judge Adams. Chatham Superior Court.

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Courts. Practice in Superior Court. Witness. Subpoena. Jury and Jurors. Criminal Law. Before Judge Adams. Chatham Superior Court. March Term, 1886. Five subpoenas duces tecum, were issued by the clerk of the superior court of Chatham county, November 17,1885, directed to “Honorable Rufus E. Lester, mayor of the city of Savannah,” calling upon him to be and appear at the superior court and to bring with him a certain book or docket, known as the information docket of the city council of Savannah, used during the months of September and October, 1885, and also the book or docket containing the…

1Opinion of the Court

Hall, Justice.

While this record makes several questions, it is material to consider, at any length, only one, and that is, whether the mayor of the city of Savannah, who is ex-officio the presiding judge of a court of record, is subject to a subpoena duces tecum, commanding him to bring into the superior court “ the information docket of his court,” to be used in evidence before the grand jury, either in a specified case or generally, and whether that officer, in refusing to obey such a precept, is guilty of contempt of the process of the court for which, he is liable to be punished.

*146It is…

2Cases cited1 opinion

  1. Ashburn v. StateSupreme Court of Georgia · 1854

3Cited by23 opinions

  1. Brack v. WellsCourt of Appeals of Maryland · 1944
  2. Reaves v. StateSupreme Court of Georgia · 1978
  3. Darden v. RavanSupreme Court of Georgia · 1974
  4. In Re the Grand Jury Appearance Request by LoigmanSupreme Court of New Jersey · 2005
  5. Department of Industrial Relations v. Travelers InsuranceSupreme Court of Georgia · 1933

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