Jones v. Knauss
New Jersey Court of Chancery
John S. Allen was arrested, by virtue of a ca. sa. issued out of the Essex circuit court, while in attendance before the vice-chancellor as a witness in the above cause. He resides in Connecticut, and had come here, voluntarily, to give evidence. His visit had no other object. He was not served with subpcena in Connecticut or here. His examination had been concluded, the evidence on both sides closed, and the argument commenced, prior to his arrest.
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John S. Allen was arrested, by virtue of a ca. sa. issued out of the Essex circuit court, while in attendance before the vice-chancellor as a witness in the above cause. He resides in Connecticut, and had come here, voluntarily, to give evidence. His visit had no other object. He was not served with subpcena in Connecticut or here. His examination had been concluded, the evidence on both sides closed, and the argument commenced, prior to his arrest. The arrest was made in the vice-chancellor’s chamber, shortly after the adjournment for the midday recess, and while the vice-chancellor was…
1Opinion of the Court
The Vice-Chajícel lor.
The supreme court, in 1809, decided that, according to the rule prescribed by our statute [Bev. p. §80 § 15), a wit*213ness was not entitled to immunity from arrest while attending court, unless his attendance was in obedience to process of subpoena. Rogers v. Bullock, 2 Pen. 517. The witness who claimed immunity in that case was, undoubtedly, I think, a citizen of this state, and, as such, amenable to the process of our courts. If the fact had been otherwise, it was quite too important to have escaped mention by the learned reporter, who was a member of the court which…
2Cases cited32 opinions
- Kerr v. . MountNew York Court of Appeals · 1863
- Parker v. HotchkissU.S. Circuit Court for the District of Eastern Pennsylvania · 1849
- Thurston v. MartinU.S. Circuit Court for the District of Rhode Island · 1830
- Seaver v. RobinsonThe Superior Court of New York City · 1854
- Norris v. BeachNew York Supreme Court · 1807
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