Power v. Semmes

U.S. District Court

Decided July 15, 1805

U.S. District Court · decided 1805-07-15

A summons for witnesses in Virginia, on the part of the plaintiff, was issued and directed to the marshal of Virginia. It was served by a private person who made affidavit that he read it to the witnesses and required their attendance, and that he believed they attended in consequence of such summons.

Decided 1805-07-15

¶1THE COURT

¶2allowed them to prove their attendance, and directed their .fees to be taxed in the bill of costs in the same manner as if served by the marshal of Virginia.

¶3On foreign attachment, the interest was calculated up to the time of the affidavit made before the justice who issued the warrant. At the time of condemnation, the plaintiff's counsel. (Mr; Howitt,) moved for interest to be added to the time of the judgment.

¶4THE COURT refused.