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Andrews v. Bates

Andrews against Bates

Andrews v. Bates, 5 Johns. 351 (N.Y. Sup. Ct. 1810)
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Court
New York Supreme Court · State Trial Courts
Decided
February 15, 1810
Citations
5 Johns. 351
Headnotes
a justice isnoi bybwitne^Lsfor mmiooktotho p;u'ty by who? they are sub» prenaed.
Summary
IN error, on certiorari. The plaintiff in error was sued, as a justice, by the defendant, for his fees, as a witness, in a suit before1 him as justly and which were included in the amount of costs recovered of the defend- . e ant, and had been received by the plaintiff in error, Judgment was given for the plaintiff below,

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Opinion of the Court

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Per Curiam.

The witnesses must look to the party who subpoenas them, for their fees. It does not belong to the justice to distribute the fees } nor is he liable to this action. He is to pay the debt and costs to the party, in whose favour the judgment was given, and for whom he receives them. The judgment must be reversed.

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1860–1861: 118602026peak 1860 · 1

Relies on it most ⓘ

  1. Gunnison v. Gunnison41 N.H. 121 (1860)

Most recent

  1. Gunnison v. Gunnison41 N.H. 121 (1860)

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