Courtney v. Baker
New York Supreme Court
Error to the mayor’s court of the city of Albany. The cause came into the mayor’s court upon appeal from a judgment rendered by a justice of the peace.
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Error to the mayor’s court of the city of Albany. The cause came into the mayor’s court upon appeal from a judgment rendered by a justice of the peace. The action was brought by Baker against Courtney and wife, to recover the penalty of fifty dollars alleged to have been forfeited to the plaintiff by the statute, (2 R. S. 400, § 43,) for the failure of the defendant, Mrs. Courtney, to attend court as a witness, pursuant to a subpoena served upon her in a suit in this court in which Baker was the plaintiff and one Wilkins was defendant, which was noticed for trial at the Albany circuit in…
1Opinion of the Court
By the Court, Beardsley, J.
By the act of 1840 the fees of a witness are “ fifty cents for each day while attending any court or officer; and if the witness resides more than three miles from the place of attendance, travelling fees at the rate of four cents per mile, going and returning.” (Laws 1840, p. 331, § 8.) A witness is not bound, in any case, to attend unless duly subpoenaed, for which purpose the statute declares, amongst other things, that “ the fees allowed by law to such witness for travelling to and returning from the place where he is required to attend, and the fees allowed for…
2Cases cited2 opinions
- Hasbrouck v. BakerNew York Supreme Court · 1813
- McKeon v. LaneThe Superior Court of New York City · 1828
3Cited by8 opinions
- People ex rel. Grant v. WarnerNew York Supreme Court · 1889
- Hurd v. SwanNew York Supreme Court · 1847
- Lane v. ColeNew York Supreme Court · 1852
- Lombard v. SmithOregon Supreme Court · 1900
- Healy v. Hillsborough CountySupreme Court of New Hampshire · 1900
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