Finucane v. . Warner
New York Court of Appeals
Appeal, by permission, from an order of the Supreme Court in the fourth judicial department, entered October 14, 1908, which affirmed an order of Special Term denying a motion to set aside a service of process upon the defendant. The facts, so far as material, and the questions certified are stated in the opinion.
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Appeal, by permission, from an order of the Supreme Court in the fourth judicial department, entered October 14, 1908, which affirmed an order of Special Term denying a motion to set aside a service of process upon the defendant. The facts, so far as material, and the questions certified are stated in the opinion. The defendant, being a non-resident of the state, was privileged and exempt from the service of legal process while in actual attendance in court upon the trial of another action in which he was a defendant and a witness. (Person v. Grier, 66 N. Y. 124 ; Matthews v. Tufts, 87 N. Y.…
1Opinion of the CourtVann, J.
On the 13th of June, 1908, the defendant, formerly a resident of this state, but of late a resident of California, came here for the purpose of attending an Equity Term of the Supreme Court which was to be held on the 22nd of that month at Geneseo, in Livingston county. He alleges that his sole purpose was to be sworn as a witness in bis own behalf in an action to be then tried in which he was the defendant and that he had no other business and came for no other reason.
The trial of the action was commenced on the 22nd and ended on the 25th of June, and between those dates, in the presence of…
2Cases cited1 opinion
- Parker v. . MarcoNew York Court of Appeals · 1893
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