Mella v. Moskowitz
Mella v. Moskowitz
Opinion of the Court
The final judgment under review is affirmed upon a holding that the trial court committed no reversible error in failing to enforce at trial a witness subpoena against a witness [Dr. Scott Piper] by issuing a writ of body attachment against the said witness. because: (a) the plaintiff never requested the trial court, either directly or impliedly, to issue such a writ but only requested that βthe Court call him [Dr. Piper] on the phone and ask him to come [to trial]β [T. 10], which request the trial court granted [T. 11]; (b) Dr. Piper was not under subpoena at the time the above request was made [having been properly excused from same by the defendants who had previously subpoenaed said witness], so that a writ of body attachment would not have been permissible at that time in any event. We do
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.