5 Johns. 351
Decided February 15, 1810
New York Supreme Court · decided 1810-02-15
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,
Cited by 1 later decisions — most recently June 1860
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1810-02-15
View the full empirical analysis of this case →
¶1The 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.
¶2Judgment reversed.