Smythe v. Banks

U.S. Circuit Court

Smythe v. Banks

4 U.S. 286

DecidedApril 15, 1797

StatusPublished

This text of 4 U.S. 286 (Smythe v. Banks) is published on Counsel Stack Legal Research, covering United States Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smythe v. Banks, 4 U.S. 286 (1797).

Pincite

Opinion

By the Court.

— The witness is, undoubtedly, privileged from arrest for a reasonable time, to prepare for his departure, and return to his home, as well as during his actual attendance upon the court. But the privilege does not extend throughout the term at which the cause is marked for trial; nor will it protect him, while the witness is engaged in transacting his general private business, after he is discharged from the obligation of the subpoena.

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By the Court.

— The witness is, undoubtedly, privileged from arrest for a reasonable time, to prepare for his departure, and return to his home, as well as during his actual attendance upon the court. But the privilege does not extend throughout the term at which the cause is marked for trial; nor will it protect him, while the witness is engaged in transacting his general private business, after he is discharged from the obligation of the subpoena.

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Bluebook (online)

4 U.S. 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smythe-v-banks-uscirct-1797.