First National Bank of St. Paul v. Ames
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Bamsey county, Simons, J., presiding, setting aside the service of a summons issued after judgment.
1Opinion of the Court
VandeRbüRgh, J.
Non-resident witnesses are exempt from the service of civil process upon them while attending to give evidence in causes pending in the courts of this state. Sherman v. Gundlach, 37 Minn. 118, (33 N. W. Rep. 549.) And the principle upon which this exemption rests applies as well to parties as witnesses. In respect to arrest upon civil process, the common-law rule was that suitors, witnesses, and other persons necessarily attending any court were not to be arrested during their actual attendance, which included their necessary coming and returning. 3 Black. Comm. *289; 1 Greenl. Ev.…
2Cases cited4 opinions
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Sherman v. GundlachSupreme Court of Minnesota · 1887
- Sanford v. ChaseNew York Supreme Court · 1824
- Merrill v. GeorgeNew York Supreme Court · 1862
3Cited by18 opinions
- Hale v. WhartonU.S. Circuit Court for the District of Western Missouri · 1896
- Murray v. WilcoxSupreme Court of Iowa · 1904
- Long v. HawkenCourt of Appeals of Maryland · 1911
- Bolgiano v. Gilbert Lock Co.Court of Appeals of Maryland · 1890
- Rix v. Sprague Canning Machinery Co.Wisconsin Supreme Court · 1914
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