Legal Opinion

Marlowe v. Baird

District Court, E.D. Kentucky

Decided May 19, 1961No. 1383Published

1Opinion of the Court

HIRAM CHURCH FORD, Chief Judge.

This case is submitted upon the defendant’s motion for judgment on the pleadings or in the alternative for summary judgment upon the ground that the defendant, a resident of the State of Louisiana, was exempt from service of civil process in this case while attending the trial of another case in this Court.

There is no dispute in this record as to the fact that at the time of the service of summons upon the defendant in this case he was present in this state for the sole purpose of participating as a litigant in the trial of an action then pending in this Court…

2Cases cited6 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Stewart v. RamsaySupreme Court of the United States · 1916
  3. Page Co. v. MacDonaldSupreme Court of the United States · 1923
  4. Hardie v. BrysonDistrict Court, E.D. Missouri · 1942
  5. Lewis v. MillerCourt of Appeals of Kentucky · 1903

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