Kirke v. Strafford County
Supreme Court of New Hampshire
Petition, for fees for travel and eighty days attendance as a witness upon the superior court. November 29, 1910, the plaintiff was summoned to testify before the police court of Rochester upon a complaint charging one Soucy with the illegal sale of intoxicating liquor.
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Petition, for fees for travel and eighty days attendance as a witness upon the superior court. November 29, 1910, the plaintiff was summoned to testify before the police court of Rochester upon a complaint charging one Soucy with the illegal sale of intoxicating liquor. Probable cause being found against Soucy, he was ordered to furnish bail for his appearance at the next February term of the superior court, and the plaintiff was ordered to recognize with sureties for his appearance as a witness at the same time. The plaintiff was a stranger in Rochester and through no fault of his own was…
1Opinion of the CourtPeaslee, J.
This plaintiff has been compelled by process issued by state authority to devote eighty days of his time to the service of the state. He was needed as a witness, and the proper authority adjudged that the need was sufficiently urgent to require that he be detained during the time in question. Two defehces are set up. It is urged, first, that he was not in attendance as a witness within the meaning of the statute, and, second, that Rule 75 of the superior court bars a recovery here.
Upon the first ground the authorities are in conflict. That he was not in attendance, or that his attendance was…
2Cases cited6 opinions
- Morin v. Multnomah Co.Oregon Supreme Court · 1889
- Hutchins v. StateSupreme Court of Missouri · 1843
- Robinson v. ChambersMichigan Supreme Court · 1893
- Hall v. County CommissionersCourt of Appeals of Maryland · 1896
- Marshall County v. TidmoreMississippi Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. WilsonSupreme Court of New Hampshire · 1975
- Barber v. MossUtah Supreme Court · 1955
- Barber v. MossUtah Supreme Court · 1955