Nichols v. Horton
U.S. Circuit Court for the District of Northern Iowa
This action was commenced in the circuit court of Howard county, Iowa. The defendant is, and was at the time of the beginning of the action, a resident and citizen of Minnesota.
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This action was commenced in the circuit court of Howard county, Iowa. The defendant is, and was at the time of the beginning of the action, a resident and citizen of Minnesota. Service of the original notice was had upon defendant at Cresco, Howard county, Iowa, on the fourteenth day of April, 1882. The petition alleges that plaintiff is the owner of certain personal property; that the same was in his possession; that while he (the plaintiff) was removing said property to Dakota territory it was levied on by the sheriff of Mower county, Minnesota, by virtue of a writ of -attachment issued…
1Opinion of the Court
Shiras, D. J.
The general principle that parties, witnesses, and jurors are privileged from service of legal process in civil actions while in good faith they are in attendance upon the hearing of a cause in court, is well recognized by the authorities, and in the case of parties and witnesses this exemption from service of process extends to the taking of testimony before a master or commissioner preparatory to the final submission of the cause to the court. In point of time, the privilege exists during the time fairly occupied in going to and returning from the place of trial or hearing, as…
2Cases cited4 opinions
- Person v. . GrierNew York Court of Appeals · 1876
- Juneau Bank v. McSpedanU.S. Circuit Court for the District of Wisconsin · 1860
- Lyell v. GoodwinU.S. Circuit Court for the District of Michigan · 1845
- Brooks v. FarwellU.S. Circuit Court for the District of Colorado · 1880
3Cited by15 opinions
- Lamb v. SchmittSupreme Court of the United States · 1932
- Brooks v. StateSupreme Court of Delaware · 1911
- Hale v. WhartonU.S. Circuit Court for the District of Western Missouri · 1896
- Livengood v. BallSupreme Court of Oklahoma · 1916
- Vaughn v. BoydSupreme Court of Georgia · 1914
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