Guynn v. McDaneld
Idaho Supreme Court
APPEAL from District Court, Bannock County. A plaintiff voluntarily commencing proceedings in a jurisdiction in which he does not reside certainly should not complain if the laws of the place selected by him to settle his differences with others are invoked in turn by those having claims •against him. Our statute contemplates service in a suit brought in the state upon a defendant found within the state limits. (Bev.
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APPEAL from District Court, Bannock County. A plaintiff voluntarily commencing proceedings in a jurisdiction in which he does not reside certainly should not complain if the laws of the place selected by him to settle his differences with others are invoked in turn by those having claims •against him. Our statute contemplates service in a suit brought in the state upon a defendant found within the state limits. (Bev. Stats., secs. 4143, 4149.) It has been held that while nonresident witnesses may not be served with summons, such rule does not apply to parties. (Jenkins v. Smith, 57 How. Pr.…
1Opinion of the CourtHuston, J.
This is an appeal from an order and judgment of the district court for Bannock county quashing service of summons. Defendant is a resident of the state of Illinois, and while attending the United States circuit court at Boise City, in this state, as plaintiff in a suit which he had brought against the plaintiff, was served with summons in this-action brought against him by plaintiff. The only question before us is, Is a nonresident plaintiff exempt from service of summons in a civil suit while in attendance upon a court within this state as plaintiff? This question has frequently been before…
2Cases cited10 opinions
- Baisley v. BaisleySupreme Court of Missouri · 1893
- Bishop v. VoseSupreme Court of Connecticut · 1858
- Mullen v. SanbornCourt of Appeals of Maryland · 1894
- Christian v. WilliamsSupreme Court of Missouri · 1892
- Mitchell v. Huron Circuit JudgeMichigan Supreme Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rizo v. BurruelArizona Supreme Court · 1921
- Livengood v. BallSupreme Court of Oklahoma · 1916
- State Ex Rel. Brainard v. Dist. Court of Eighth Judicial District Ex Rel. Natrona CountyWyoming Supreme Court · 1926
- Skinner & Mounce Co. v. WaiteU.S. Circuit Court for the District of Idaho · 1907
- Kelly v. PenningtonSupreme Court of Colorado · 1926
8 more not listed; retrieve them via the Exa API.