Bacon v. Matthews

Superior Court of Delaware

Bacon v. Matthews

5 Del. 385

DecidedJuly 5, 1852

StatusPublished

This text of 5 Del. 385 (Bacon v. Matthews) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bacon v. Matthews, 5 Del. 385 (Del. Ct. App. 1852).

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Opinion

By the Court.

All the costs on the attachments are disallowed. If a party take out an attachment, it is at his own costs, unless the witness be discharged on other terms. The witness is liable for the attachment costs, until so discharged.

The prothonotary’s charges, for copies cannot be disallowed, without an affidavit denying that they were furnished.

' Disallow the fees of witnesses Melson and Dulaney. The materiality of witnesses cannot be known, unless they are sworn. Que. ? Could they recover any witness fees, when they deprive the party of their evidence, by final neglect to appear ?

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By the Court.

All the costs on the attachments are disallowed. If a party take out an attachment, it is at his own costs, unless the witness be discharged on other terms. The witness is liable for the attachment costs, until so discharged.

The prothonotary’s charges, for copies cannot be disallowed, without an affidavit denying that they were furnished.

' Disallow the fees of witnesses Melson and Dulaney. The materiality of witnesses cannot be known, unless they are sworn. Que. ? Could they recover any witness fees, when they deprive the party of their evidence, by final neglect to appear ?

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Bluebook (online)

5 Del. 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bacon-v-matthews-delsuperct-1852.