Search Supreme Court Cases

SMYTHE v. BANKS - 4 U.S. 329 (1797)

U.S. Supreme Court

SMYTHE v. BANKS, 4 U.S. 329 (1797)

4 U.S. 329 (Dall.)


Circuit Court, Pennsylvania District.

April Term, 1797

CAPIAS. The defendant was a resident of Virginia, and had been subpoenaed as a witness in the case of Symes's Lessee v. Irwine, which was marked for trial at the present term, but was continued on the 20th of April. He was arrested on the 26th of April; and the following day, Levy moved, that he should be discharged from the arrest and process, on account of the privilege of a witness, eundo, morando, et redeundo. 4 Com. Dig. 475. 2 Stra. 1094. 986.Vin. Abr. Tit. Priv.

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.

Full Text of Opinion

Powered by Justia US Supreme Court Center: SMYTHE v. BANKS - 4 U.S. 329 (1797)

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.