Small v. Montgomery
U.S. Circuit Court for the District of Eastern Missouri
Plea in Abatement and Demurrer to the Evidence. The plea states that the defendant is a resident of Tennessee, and came into this district to attend the trial of a case in which he was plaintiff, and a necessary witness on his own behalf; that while attending the trial of said case he was served with a subpoena in another case then pending in the St. Louis circuit court, and while attending as a witness in the latter case, in obedience to said subpoena, was served with…
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Plea in Abatement and Demurrer to the Evidence. The plea states that the defendant is a resident of Tennessee, and came into this district to attend the trial of a case in which he was plaintiff, and a necessary witness on his own behalf; that while attending the trial of said case he was served with a subpoena in another case then pending in the St. Louis circuit court, and while attending as a witness in the latter case, in obedience to said subpoena, was served with process in this case. The evidence substantiated the allegations of the plea.
1Opinion of the Court
Treat, J., (orally.)
The question presented by demurrer to the evidence on the plea of abatement, and the reply thereto, in this ease, is one on which, after a great difference of opinion, the various circuit courts of the United States have reached a common conclusion,— one in the first circuit, and one in the adjoining circuit, the seventh. Extended commentaries thereon will be found in 21 Amer. Law. Reg. 672. See Atchison v. Morris, 11 Fed. Rep. 582.
The proposition is this: When a party to a suit, a non-resident, appears in a state, in order to represent himself with respect to his…
2Cited by12 opinions
- Hale v. WhartonU.S. Circuit Court for the District of Western Missouri · 1896
- Dwelle v. AllenDistrict Court, S.D. New York · 1912
- Martin v. BaconSupreme Court of Arkansas · 1905
- Malloy v. BrewerSouth Dakota Supreme Court · 1895
- Roschynialski v. HaleDistrict Court, D. Nebraska · 1913
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