Hasbrouck v. Baker
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Baker brought an action on the case against Hasbrouck, before a justice, recover damages, which the plaintiff had sustained, by reason of the non-attendance of the defendant, as a witness, in a certain cause tried before a justice, in which the plaintiff was defendant, ant* in which Hasbrouck was regularly subpoenaed as a witness, The defendant pleaded the general issue.
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IN ERROR, on certiorari, from a justice’s court. Baker brought an action on the case against Hasbrouck, before a justice, recover damages, which the plaintiff had sustained, by reason of the non-attendance of the defendant, as a witness, in a certain cause tried before a justice, in which the plaintiff was defendant, ant* in which Hasbrouck was regularly subpoenaed as a witness, The defendant pleaded the general issue. There was a trial by jury, i de plaintiff offered to prove by a witness, that the defendant had been served with a subpoena in the cause above mentioned, ’out defendant…
1Per curiam
The act for the recovery of debts to the value of 25 dollars, gives the justice power to impose a fine, not exceeding 10 dollars, on a witness who is absent, after being subpoenaed, without reasonable cause. The penalty of 50 dollars, besides a further recompense in damages, given by the act for the amendment of the law, (sess. 24. c. 90. s. 20.) evidently applies only to the case of witnesses making default in courts of record. It is made a question, therefore, whether any remedy, besides the fine of 10 dollars, is given against witnesses making default injustices’ courts. But when we…
2Cited by7 opinions
- Stewart v. Wells & JohnsonNew York Supreme Court · 1849
- Courtney v. BakerNew York Supreme Court · 1846
- Harrington v. LibbyNew York Court of Common Pleas · 1875
- Lane v. ColeNew York Supreme Court · 1852
- Mason v. ParkIllinois Supreme Court · 1842
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