Legal Opinion

Stewart v. Howard

New York Supreme Court

Decided January 3, 1853PublishedCited by 15 opinions

This was an appeal from so much of the order granted by Justice Hand, at the Saratoga special term, in June, 1852, as denied the defendant’s motion to vacate the order of arrest " granted by Justice Harris, in this action, and to discharge the defendant out of custody^ &c.

1Opinion of the Court

By the Court, Willard, P. J.

The first ground of appeal

is, that the judge should have discharged the defendant out of custody, on account of his being privileged as a witness, at the time of the arrest. It appears by the papers on the part of the motion, that at the time of the arrest, the defendant was actually under examination as a witness in a cause depending in this court, before R. W. Judson, a commissioner to whom a commission had been issued to take said examination, and that he had been regularly subpoenaed for that purpose. The exemption from arrest is claimed under 2 R. S. 402, §…

2Cited by15 opinions

  1. Pardee v. SmithMichigan Supreme Court · 1873
  2. Petrie v. FitzgeraldNew York Court of Common Pleas · 1864
  3. Serring v. StrykerNew York County Court, Steuben County · 1894
  4. Arthurton v. DalleyNew York Supreme Court · 1860
  5. Farmer v. RobbinsNew York Supreme Court · 1872

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