Supreme Court of Pennsylvania, 1803

De Benneville v. De Benneville

De Benneville v. De Benneville
Supreme Court of Pennsylvania · Decided September 10, 1803 · Shippen, Smith
1 Binn. 46; 1803 Pa. LEXIS 10

De Benneville v. De Benneville

Opinion of the Court

Smith J.

I examined this question a long time since, and this was the result; a witness subpoenaed though not examined has a right to payment; so if examined though not subpoenaed. A party has a right to call as many witnesses as he thinks are necessary to make out his case. Where there is oppression it must be proved, and the court will lay their hands upon it; but it is not to be presumed.

Shippen C. J.

There must be proof of oppression, which does not seem to be the case here.

Per Curiam.

The bill of costs, as it has been taxed by the prothonotary, is confirmed.

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