Lane v. Cole
New York Supreme Court
This action was brought to recover damages against the defendant for neglecting to obey a process of subpoena duces tecum, issued in behalf of the plaintiff and served on the defendant as a witness in a certain action which at the time was pending in this court in favor of the said plaintiff against one Amasa Carpenter, for slander.
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This action was brought to recover damages against the defendant for neglecting to obey a process of subpoena duces tecum, issued in behalf of the plaintiff and served on the defendant as a witness in a certain action which at the time was pending in this court in favor of the said plaintiff against one Amasa Carpenter, for slander. The subpoena commanded the defendant in this suit to bring with him, to be introduced as evidence on the trial, in behalf of the said plaintiff, the docket of the said Ira Cole, containing" the proceedings of a certain cause tried before him as a justice of the…
1Opinion of the CourtCrippen, J.
I have carefully examined this case, and am satisfied that the rulings of the learned justice upon the trial were entirely legal and proper. The main point upon which the defendant’s counsel seemed to rely, upon the argument was, that the plaintiff was not entitled to recover in this action unless he established by proof a good cause of action in the slander suit wherein the defendant was a witness for the plaintiff. I cannot agree to the correctness of this proposition. The provision of our statute is that every person who shall be duly subpoenaed to attend as a witness any court of this…
2Cases cited2 opinions
- Courtney v. BakerNew York Supreme Court · 1846
- Hasbrouck v. BakerNew York Supreme Court · 1813
3Cited by3 opinions
- Wertheim v. Continental Ry. & Trust Co.District Court, S.D. New York · 1883
- Sanders v. McMillianSupreme Court of Alabama · 1893
- Central National Bank v. ArthurThe Superior Court of New York City · 1870