Thorp v. Adams
New York Supreme Court
Appeal from special term, Hew York county. Motion to set aside the service of the summons in this action, brought by Laura M. Thorp against Thomas D. Adams, on the ground that the summons was served on defendant while attending as witness before a committee of the senate. From an order setting the service aside, plaintiff appeals.
1Opinion of the CourtBrady, J.
The learned justice in the court below in granting the motion to set aside the summons expressed his views in an elaborate opinion, resting the conclusion at which he arrived upon the adjudication in Matthews v. Tufts, 87 N. Y. 568, which he properly said he could not distinguish in principle from this case. The defendant herein came to this city for the purpose of appearing as a witness before the senate investigating committee, a body charged with ample power by act of the legislature to proceed to the investigation of certain matters. While so attending, and just after having given his…
2Cases cited2 opinions
- People, Ex Rel. McDonald v. . KeelerNew York Court of Appeals · 1885
- Matthews v. . TuftsNew York Court of Appeals · 1882
3Cited by5 opinions
- Velkov v. Superior CourtCalifornia Supreme Court · 1953
- Mattison v. LichlyterCalifornia Court of Appeal · 1958
- People ex rel. Hess v. FlansburgNew York Supreme Court · 1893
- Sander v. HarrisNew York Supreme Court · 1891
- Monroe v. St. Clair Circuit JudgeMichigan Supreme Court · 1900