Riewold v. Riewold

Defendant appears specially by leave of the court and moves to set aside service of the subpoena to answer. He is a resident of Connecticut, and he is also the petitioner in a suit for divorce pending in one of the courts of the State of Virginia. While attending before a notary public at Newark in this state, to give testimony in the Virginia cause, he was served with the subpoena.

Generally, a non-resident party or witness is exempt from the service of process while attending court. Halsey v. Stewart,4 N.J. Law 366; Massey v. Colville, 45 N.J. Law 119; Brown v.Brown, 112 N.J. Eq. 600. The…