Ex parte Rucker
Supreme Court of Alabama
This original petition for a writ of prohibition was filed on December 17th, 1895, by E. W. Rucker, and set for:h that .on the 27th day of November, 1895, one J0 La Motte Morgan filed in the circuit court of Jefferson county, an application to compel the petitioner to answer certain questions propounded to him as a witness under a commission issued out of the superior court of Cook county, Illinois, in a suit therein pending between said Morgan and others.
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This original petition for a writ of prohibition was filed on December 17th, 1895, by E. W. Rucker, and set for:h that .on the 27th day of November, 1895, one J0 La Motte Morgan filed in the circuit court of Jefferson county, an application to compel the petitioner to answer certain questions propounded to him as a witness under a commission issued out of the superior court of Cook county, Illinois, in a suit therein pending between said Morgan and others. Rucker was not a party to said suit, and the commission was directed to a commissioner residing in the county of Rucker’s residence.…
1Opinion of the CourtHaralson, J.
Sections of the Code from 2792 to 2800, inclusive, constituting Art. 2 of the particular Chapter, Title and Part, in which they are found, make provisions for procuring testimony of witnesses by subpoena in the law courts, to be taken in open court. Section 2796 provides for a penalty of $100 to the use of the party summoning him. against a witness who fails to attend, pursuant to the mandate of the subpoena, and remain until his testimony is given, or he is discharged; and the succeeding section, — 2797,—provides for a conditional judgment against him for that sum, to be made absolute,…
2Cited by1 opinion
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