Diamond v. Earle
Massachusetts Supreme Judicial Court
Tort by an administratrix against the owner of an automobile for causing the death of the plaintiff’s intestate by a collision with another automobile in which the plaintiff’s intestate was traveling.
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Tort by an administratrix against the owner of an automobile for causing the death of the plaintiff’s intestate by a collision with another automobile in which the plaintiff’s intestate was traveling. Writ dated August 25, 1913. The defendant filed a plea in abatement, alleging want of jurisdiction for the reason that there had been no service of process upon the defendant, whose residence was at Providence in the State of Rhode Island, the only attempted service of the writ having been made upon the defendant in the court house at Attleborough where he was attending as a party and a witness…
1Opinion of the CourtRugg, C. J.
The question presented by this case is whether a non-resident of Massachusetts actually attending court in this Commonwealth for the purpose of testifying as a witness in several cases, in one of which he is a plaintiff and in others a defendant, lawfully can be served with civil process issuing from our courts in an action against him as a defendant. The point is raised by an interlocutory decision of a judge of the Superior Court who, being of opinion that it should be determined by this court before further proceedings were had, reported it under St. 1910, c. 555, § 5. Hetherington & Sons…
2Cases cited7 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Cooper v. . WymanSupreme Court of North Carolina · 1898
- In re HealeySupreme Court of Vermont · 1881
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1912
- Thompson's CaseMassachusetts Supreme Judicial Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Lamb v. SchmittSupreme Court of the United States · 1932
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
- Page Co. v. MacDonaldSupreme Court of the United States · 1923
- State ex rel. Lane v. District CourtMontana Supreme Court · 1915
- Crusco v. Strunk Steel Co.Supreme Court of Pennsylvania · 1950
19 more not listed; retrieve them via the Exa API.