In re Thomas
This text of 23 F. Cas. 932 (In re Thomas) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Thomas was subpoenaed as a witness in a civil cause pending in this court, and demanded of the marshal at the time of the service of the writ upon him, his traveling fee and his fee for one day’s attendance as a witness, which the marshal did not pay. A motion is made to attach the witness. By the statute of the state, a witness who makes such a demand, is not obliged, if his. fees are not paid, to obey the subpoena Gen. St. 1868, p. 693. So far as applicable, and when not inconsistent with the constitution and laws of the United States, these statutes have been adopted to regulate the practice in this court.
Under these circumstances, as well as upon general principles, the attachment must be refused. Attachment refused.
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Cite This Page — Counsel Stack
23 F. Cas. 932, 1 Dill. 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-thomas-circtdks-1871.