Farmer v. Robbins
New York Supreme Court
Motion to discharge an arrest under an order of arrest granted by the county judge of Herkimer, 24th September, 1872, and that day made. The defendant was in attendance at Herkimer under a. subpoena before a referee in a cause pending in this court. While waiting for the train to return to Lewis county, his residence, he was arrested, and immediately gave bail and procured his discharge.
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Motion to discharge an arrest under an order of arrest granted by the county judge of Herkimer, 24th September, 1872, and that day made. The defendant was in attendance at Herkimer under a. subpoena before a referee in a cause pending in this court. While waiting for the train to return to Lewis county, his residence, he was arrested, and immediately gave bail and procured his discharge. The defendant, on the twenty-sixth of September, caused a notice of retainer to be served upon plaintiff’s attorney, and on the fourteenth of October obtained, by consent, an extension of time to answer. When…
1Opinion of the CourtHardin, J.
From the papers used upon this motion, the facts must be found which show that at the time of the arrest the defendant was exempt from arrest, being as he then was in attendance upon a referee under a subpoena, and being about to return to his home, having made no unnecessary delay or deviation from the proper route (2 R. S., page 418, § 51). By section 54 of the 2d Bevised Statutes, 419, it is provided that “ every arrest of a witness, made contrary to the foregoing provisions, shall be absolutely void, and shall be deemed a contempt of the coiirt issuing the subpoena.” The plaintiff had no…
2Cases cited5 opinions
- Brown v. GetchellMassachusetts Supreme Judicial Court · 1814
- Stewart v. HowardNew York Supreme Court · 1853
- Petrie v. FitzgeraldNew York Court of Common Pleas · 1864
- Erwin v. ParhamSupreme Court of the United States · 1852
- Muldoon v. PittNew York Court of Common Pleas · 1871
3Cited by3 opinions
- Serring v. StrykerNew York County Court, Steuben County · 1894
- Dickinson v. FarwellSupreme Court of New Hampshire · 1902
- Sebring v. Stryker, New York County Courts1894