Mulhearn v. Press Publishing Co.
Supreme Court of New Jersey
The parties to this action are the same as in the preceding one. After the rule to show cause why the service of the summons in the former action should not be set aside-was granted, testimony was taken by the defendants to be used upon the argument of that rule. The testimony was taken before a Supreme Court commissioner in Jersey City.
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The parties to this action are the same as in the preceding one. After the rule to show cause why the service of the summons in the former action should not be set aside-was granted, testimony was taken by the defendants to be used upon the argument of that rule. The testimony was taken before a Supreme Court commissioner in Jersey City. One of the witnesses who there appeared before the commissioner and gave his testimony was William L. Davis, who resided in the city of New York, and who was vice president of the defending corporation. While thus in attendance in this state as a witness he…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The rule in this state is, that a person who-attends a trial voluntarily or under process, as a witness, or as a party, is privileged from arrest On civil process and from the service of a summons. Halsey v. Stewart, 1 South. 367; Dungan v. Miller, 8 Vroom 182; Massey v. Colville, 16 Id. 119.
The only grounds suggested for withdrawing the present service from the dominion of this rule are—-first, that the testimony was not taken in a trial, but upon a side motion in the cause; and, second, that the service was not upon the witness in his…
2Cited by13 opinions
- Brooks v. StateSupreme Court of Delaware · 1911
- Commonwealth Cotton Oil Co. v. HudsonSupreme Court of Oklahoma · 1916
- Sewanee Coal, Coke & Land Co. v. W. W. Williams & Co.Tennessee Supreme Court · 1907
- Engle v. ManchesterCourt of Appeals for the D.C. Circuit · 1917
- Stratton v. HughesDistrict Court, D. New Jersey · 1914
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