Hyperlawhypertext legal database Andrews v. Andrews 1 Cole. & Cai. Cas. 121

← Cases

Andrews v. Andrews

1 Cole. & Cai. Cas. 121 Court N.Y. Sup. Ct. English

Contents

Majority

p. 121
Andrews v. Andrews.

Headnote

D. TEN BROECIC moved for an attachment absolute against a witness, on affidavit that he was regularly summoned and money tendered him for his expenses, which he did not object to for its insufficiency, but nevertheless refused to attend. He cited 1 Black. 49 . 2 Str. 1150.

Here is a strong case of palpable contempt, and therefore the court will award an attachment in the first instance. The sum of money tendered may, or may not, have been adequate, but as the witness did not object to it at the time, it is to be considered sufficient.