Legal Opinion

Thompson's Case

Massachusetts Supreme Judicial Court

Decided April 5, 1877PublishedCited by 26 opinions

Habeas corpus. At the hearing before Colt, J., it appeared that the petitioner, a resident of Charlestown, in the State of New Hampshire, was arrested on March 20, 1877, and was now held, by a deputy of the sheriff of Suffolk, upon an execution issued upon a judgment of this court against him, in favor of a citizen of the Commonwealth, while he was in attendance as a witness in his own behalf before a joint committee of the Legisature, having petitioned for the allowance of…

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Habeas corpus. At the hearing before Colt, J., it appeared that the petitioner, a resident of Charlestown, in the State of New Hampshire, was arrested on March 20, 1877, and was now held, by a deputy of the sheriff of Suffolk, upon an execution issued upon a judgment of this court against him, in favor of a citizen of the Commonwealth, while he was in attendance as a witness in his own behalf before a joint committee of the Legisature, having petitioned for the allowance of a claim made by him against the Commonwealth; that his claim had been presented to the committee, and was under…

1Opinion of the CourtGray, C. J.

Parties and witnesses, attending in good faith any legal tribunal, whether a court of record or not, having power to pass upon the rights of the persons attending, are privileged from arrest on civil process during their attendance, and for a reasonable time in going and returning, whether they are residents of this state or come from abroad, whether they attend on summons or voluntarily, and whether they have or have not obtained a writ of protection. Walpole v. Alexander, 3 Doug. 45. Meekins v. Smith, 1 H. Bl. 636. Arding v. Flower, 8 T. R. 534. Spence v. Stuart, 3 East, 89. Ex parte Byne,…

2Cases cited5 opinions

  1. Hurst's CaseSupreme Court of the United States · 1804
  2. Norris v. BeachNew York Supreme Court · 1807
  3. Bours v. TuckermanNew York Supreme Court · 1811
  4. Ex parte M'NeilMassachusetts Supreme Judicial Court · 1810
  5. Case of M'NeilMassachusetts Supreme Judicial Court · 1807

3Cited by26 opinions

  1. Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
  2. Christian v. WilliamsSupreme Court of Missouri · 1892
  3. Mitchell v. Huron Circuit JudgeMichigan Supreme Court · 1884
  4. Wilson v. DonaldsonIndiana Supreme Court · 1889
  5. Hale v. WhartonU.S. Circuit Court for the District of Western Missouri · 1896

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