People v. Davis
New York Supreme Court
The defendant was brought up on an attachment for disobedience to a subpoena served upon him to attend as a witness for the plaintiff in a cause oí Kelly v. Be Forrest, noticed for trial at the Warren circuit, on the first Tuesday of June last. The defendant was duly subpoenaed on the 26th May, (13 days before the circuit,) at the city of New-York, where he resided. Ten dollars were given to him to pay his expenses. He did not attend.
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The defendant was brought up on an attachment for disobedience to a subpoena served upon him to attend as a witness for the plaintiff in a cause oí Kelly v. Be Forrest, noticed for trial at the Warren circuit, on the first Tuesday of June last. The defendant was duly subpoenaed on the 26th May, (13 days before the circuit,) at the city of New-York, where he resided. Ten dollars were given to him to pay his expenses. He did not attend. Being brought into court, interrogatories were filed, to which he answered. The Court also, in pursuance of 2 R. 8. 537, §19, received the affidavit of the…
1Opinion of the Court
By the Court,
Cowen, J.
It was the duty of the witness to obey the subpoena; and he is guilty of a contempt in disregarding it, and must be punished unless he has furnished us with a legal excuse. Both insolvency and poverty in the witness are sworn to by himself and Mr. Lamb who was one of his assignees. But it is scarcely necessary to observe that these form no excuse in the abstract. If received at all it must be in connection with the situation of the family, or as showing the utter inability of the defendant to defray his expenses. In rendering these excuses of sickness and extreme…
2Cited by11 opinions
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- State ex rel. McGuire v. WatermanNevada Supreme Court · 1869
- Chalmers v. MelvilleNew York Court of Common Pleas · 1852
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