Gunnison v. Gunnison
Supreme Court of New Hampshire
Appeal from tbe award of tbe commissioner appointed to examine and allow tbe claims of tbe creditors against tbe estate of Vinal Gunnison, deceased, of wbicb tbe defendant is administrator, disallowing tbe claim of tbe plaintiff against said estate. The plaintiff’s claim was a debt for tbe sum of $137.68, alleged to be due to tbe plaintiff for bis travel and attendance as a witness at tbe court of common pleas at Newport, September term, 1857, at the request of tbe deceased.
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Appeal from tbe award of tbe commissioner appointed to examine and allow tbe claims of tbe creditors against tbe estate of Vinal Gunnison, deceased, of wbicb tbe defendant is administrator, disallowing tbe claim of tbe plaintiff against said estate. The plaintiff’s claim was a debt for tbe sum of $137.68, alleged to be due to tbe plaintiff for bis travel and attendance as a witness at tbe court of common pleas at Newport, September term, 1857, at the request of tbe deceased. The second count set forth that the deceased caused a summons to be served on the plaintiff to attend the court of…
1Opinion of the CourtFowleb., J.
In Hurd v. Fogg, 22 N. H. 98, it was said that a principal defendant who was summoned to appear and answer interrogatories relative to notes disclosed by the trustee, was entitled to a judgment for his fees as a witness, when they had not been paid to him, the order of court, requiring his attendance, being in the nature of'a subpoena or summons to a witness; and that it made no difference in this respect, if he had appeared voluntarily, without service of an order of court upon him.
In Young v. Tilden, 3 N. H. 75, the plaintiff, having been cited- to appear and answer interrogatories before a…
2Cases cited5 opinions
- De Benneville v. De BennevilleSupreme Court of Pennsylvania · 1803
- Worland v. OuttenCourt of Appeals of Kentucky · 1835
- Andrews v. BatesNew York Supreme Court · 1810
- Baker v. BrillNew York Supreme Court · 1818
- Fuller v. MatticeNew York Supreme Court · 1817
3Cited by2 opinions
- State v. WilsonSupreme Court of New Hampshire · 1975
- State v. A. B. C.Supreme Court of New Hampshire · 1895