Miner v. Markham
U.S. Circuit Court for the District of Eastern Wisconsin
These were two suits begun in the state court, and removed to this court. The summons in each case was served on the defendant personally at Milwaukee on the twenty-eighth day of October, 1885. Before the removal of the cases to this court the defendant appeared specially therein, and moved to set aside the service of the summons in each action on the ground that he was a member of congress, and at the time of such service was on his way from his residence in California to…
Read the full summary
These were two suits begun in the state court, and removed to this court. The summons in each case was served on the defendant personally at Milwaukee on the twenty-eighth day of October, 1885. Before the removal of the cases to this court the defendant appeared specially therein, and moved to set aside the service of the summons in each action on the ground that he was a member of congress, and at the time of such service was on his way from his residence in California to Washington for the purpose of attending the nest ensuing session of congress. The motion was overruled by the state…
1Opinion of the CourtDyer, J.
Upon the presentation of facts thus made, the question to be decided is, was the defendant exempt from the service of civil process on him at the time the summons in each of these actions was served? Two propositions are involved in the consideration of this question: First, does the privilege from arrest specified in section 6, article 1, of the constitution of the United States include a privilege from the service of civil process? Second, if it does, to what .extent in period of time, with reference to going to'and returning from the discharge of public duty, may the privilege be invoked?
1.…
2Cases cited12 opinions
- Harkness v. HydeSupreme Court of the United States · 1879
- Parker v. HotchkissU.S. Circuit Court for the District of Eastern Pennsylvania · 1849
- Juneau Bank v. McSpedanU.S. Circuit Court for the District of Wisconsin · 1860
- Miles v. M'CulloughSupreme Court of Pennsylvania · 1803
- Atchison v. MorrisDistrict Court, N.D. Illinois · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Long v. AnsellSupreme Court of the United States · 1934
- Kinne v. LantU.S. Circuit Court for the District of Eastern Michigan · 1895
- Central Trust Co. of New York v. Milwaukee St. Ry. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1896
- Filer v. McCornickDistrict Court, N.D. California · 1919
- Wabash Western Ry. v. BrowCourt of Appeals for the Sixth Circuit · 1895
2 more not listed; retrieve them via the Exa API.