Bunce v. . Humphrey
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 8, 1914, which affirmed an order of Special Term denying a motion to vacate and set aside the service of a summons. . . The following question was certified: “ Was the defendant in this action privileged so as to exempt him from the service of the summons in this action at the time such summons was served upon him ? ” The facts, so far as…
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 8, 1914, which affirmed an order of Special Term denying a motion to vacate and set aside the service of a summons. . . The following question was certified: “ Was the defendant in this action privileged so as to exempt him from the service of the summons in this action at the time such summons was served upon him ? ” The facts, so far as material, are stated in the opinion. A non-resident witness under subpoena is privileged from service of process. (Netograph…
1Opinion of the CourtHiscock, J.
This appeal involves an application to set aside the service of a summons made on the defendant while he was in attendance at a term of the United States District Court in the city of New York, such attendance at the immediate time of the service being commanded' by a subpoena. The question whether such summons could be properly served on him at the time that it was, requires only the determination whether certain general and fundamental principles are applicable to the facts which appear in this case.
The defendant was a resident of the state of California but was in Germany. On the request…
2Cases cited2 opinions
- Netograph Manufacturing Co. v. . ScrughamNew York Court of Appeals · 1910
- Dwelle v. AllenAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by16 opinions
- Minichiello v. RosenbergCourt of Appeals for the Second Circuit · 1968
- Thermoid Co. v. FabelNew York Court of Appeals · 1958
- Marie Minichiello, as of the Estate of Thomas Minichiello, and Marie Minichiello v. Oliver Rosenberg, Elwin W. Stevens, on Behalf of His Son, Dennis J. Stevens, an Infant Overfourteen Years of Age, and Elwin W. Stevens, Individually v. Stephen H. Tyng, Sr. And Stephen H. Tyng, Jr.Court of Appeals for the Second Circuit · 1969
- Pavlo v. JamesDistrict Court, S.D. New York · 1977
- Rosenblatt v. RosenblattNew York Supreme Court · 1920
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