Howell v. Blackwell

Supreme Court of Georgia

Howell v. Blackwell

7 Ga. 443

CourtSupreme Court of Georgia

DecidedSeptember 15, 1849

DocketNo. 75

StatusPublished

Cited by2 cases

This text of 7 Ga. 443 (Howell v. Blackwell) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Howell v. Blackwell, 7 Ga. 443 (Ga. 1849).

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Opinion

By the Court. —

Warner, J.

delivering the opinion.

[1.] We are not aware of any Statute in this State, which authorizes witnesses subpoenaed at the instance of a defendant in. a criminal cause, who has been acquitted, to charge and collect by execution, for his attendance and mileage out of the County in which such witness resides.

The Act of 1836 applies only to such witnesses as are compelled to attend the Superior Courts in behalf of the State, out of the Counties in which they may reside. Prince, 476. There being no authority for the proceeding of the defendant in error, to charge and collect his attendance and mileage, by virtue of his subpoena, as an execution against the plaintiff in error, according to the facts stated on the record, the judgment of the Court below must be reversed.

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By the Court. —

Warner, J.

delivering the opinion.

[1.] We are not aware of any Statute in this State, which authorizes witnesses subpoenaed at the instance of a defendant in. a criminal cause, who has been acquitted, to charge and collect by execution, for his attendance and mileage out of the County in which such witness resides.

The Act of 1836 applies only to such witnesses as are compelled to attend the Superior Courts in behalf of the State, out of the Counties in which they may reside. Prince, 476. There being no authority for the proceeding of the defendant in error, to charge and collect his attendance and mileage, by virtue of his subpoena, as an execution against the plaintiff in error, according to the facts stated on the record, the judgment of the Court below must be reversed.

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Bluebook (online)

7 Ga. 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howell-v-blackwell-ga-1849.

Opinion

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