Sherman v. Gundlach
Supreme Court of Minnesota
Appeal by plaintiff from an order of the municipal court of Minneapolis, vacating and setting aside the service of the summons herein upon the defendant. It appeared that the defendant was at the time of the service a resident of the state of Iowa, but came into this state for the sole purpose of attending and testifying as a witness on a trial in the municipal court of Minneapolis, and was in actual attendance upon that court when the summons in this action was served.
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Appeal by plaintiff from an order of the municipal court of Minneapolis, vacating and setting aside the service of the summons herein upon the defendant. It appeared that the defendant was at the time of the service a resident of the state of Iowa, but came into this state for the sole purpose of attending and testifying as a witness on a trial in the municipal court of Minneapolis, and was in actual attendance upon that court when the summons in this action was served. It further appeared that immediately upon the conclusion of the trial, the defendant left on the first train for his home in…
1Opinion of the CourtMitchell, J.
The weight of authority in this country seems to be to the effect that a resident of another state or country, who has in good faith come into this state as a witness to give evidence in a cause here, is exempt from service with process for the commencement of a civil action against him. This privilege protects him in coming, in staying, ■ and in returning, provided he acts bona fide, and without unreasonable delay. Person v. Grier, 66 N. Y. 124; Matthews v. Tufts, 87 N. Y. 568; In re Healey, 53 Vt. 694; Atchison v. Morris, 11 Biss. 191, (11 Fed. Rep. 582.) This immunity does not depend upon…
2Cases cited4 opinions
- Person v. . GrierNew York Court of Appeals · 1876
- Matthews v. . TuftsNew York Court of Appeals · 1882
- In re HealeySupreme Court of Vermont · 1881
- Atchison v. MorrisDistrict Court, N.D. Illinois · 1882
3Cited by28 opinions
- Cooper v. . WymanSupreme Court of North Carolina · 1898
- Murray v. WilcoxSupreme Court of Iowa · 1904
- Bolgiano v. Gilbert Lock Co.Court of Appeals of Maryland · 1890
- Atlas Life Insurance Co. v. RoseSupreme Court of Oklahoma · 1946
- First National Bank of St. Paul v. AmesSupreme Court of Minnesota · 1888
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