May v. Shumway , 82 Mass. 86 ( 1860 )

By the Court.

The protection against arrest, which the law extends to a witness, is for the benefit of parties to suits, to enable them more easily to obtain the testimony of witnesses, who might be reluctant to attend court if they were subject to arrest. A summons could not be served upon a witness residing out of the Commonwealth; and if he attends at all, his attendance is voluntary. The arrest was unlawful, and the

Petitioner must be discharged.