Baker v. Brill

Headnote

in an action by co™r"hist0fee¡ rXLuipiwi give attendedatbe* fore the court, and was examined.

IN ERROR, on certiorari to a justice’s court.

The defendant in error brought an action in the court below against the plain tiff in error, for his expenses in going Dutchess county to New-York, in obedience to a sub issued out of the mayor’s court of the city of New-York, on the behalf of the defendant below. The service . of the subpeena was proved, and the plaintiff below also proved, by paroi, that he attended the court, and was examined as a witness in the cause. The defendant below in 1 sisted that these facts could only be proved by producing the record or minutes of the court, and not by paroi proof; the justice, however, overruled the objection, and judgment was rendered for the plaintiff below.