Roby v. Hudd

This action was commenced before a justice of the peace, and was-taken by appeal to the county court. A return having been made, the plaintiff’s counsel noticed the case for hearing, and it was put on the calendar. This was done within the fifteen days next preceding the commencement of the session of the legislature. The defendant moved to strike it from the calendar, for the reason that he had been elected a member of the legislature, and, by the constitution, was exempt from the service of civil process at the time the notice of trial was served. He claimed that the notice of trial…