Malloy v. Brewer
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Mary Malloy against S. H. Brewer. From an order setting aside service of summons, plaintiff appeals. The facts are stated in the opinion. A. witness cannot be sued in a county in which he does not reside by being served with% summons in such county, while going, returning, or attending in obedience to a subpoena only. Gomp.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Mary Malloy against S. H. Brewer. From an order setting aside service of summons, plaintiff appeals. The facts are stated in the opinion. A. witness cannot be sued in a county in which he does not reside by being served with% summons in such county, while going, returning, or attending in obedience to a subpoena only. Gomp. Laws, § § 2505 and 5274; Fisk v. Westover, 55 N. W. 961; 4 S. D. 233. A party coming into the state as a witness in the courts of the state cannot be sued therein. Dixon v. Ely, 4 Edw. Oh.…
1Opinion of the CourtCorson, P. J.
The respondent, a resident of Sioux City, Iowa, was served with a summons and complaint in this action at Salem, in McCook county, in this state, where he was in attendance upon the circuit court as a witness in an action on trial in that court. The circuit court on motion set aside the service of the summons, and canceled the judgment entered in the action, and the plaintiff appeals. The affidavit of the respondent, after stating the facts as to his residence, that he was in attendance upon the circuit court of McCook county as a witness when served with the summons, etc., concludes: “That…
2Cases cited11 opinions
- Person v. . GrierNew York Court of Appeals · 1876
- Mitchell v. Huron Circuit JudgeMichigan Supreme Court · 1884
- Wilson v. DonaldsonIndiana Supreme Court · 1889
- Friend v. FriendMichigan Supreme Court · 1884
- Sherman v. GundlachSupreme Court of Minnesota · 1887
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3Cited by11 opinions
- Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
- State ex rel. Lane v. District CourtMontana Supreme Court · 1915
- Underwood v. FoshaSupreme Court of Kansas · 1906
- Bearman v. HuntSupreme Court of Oklahoma · 1918
- Wheeler v. FlintoffSupreme Court of Virginia · 1931
6 more not listed; retrieve them via the Exa API.