Person v. . Grier
New York Court of Appeals
Appeal -from. order of -the General Term of the Supreme Court in the third judicial department, -affirming an order of Special Term setting -aside a service -of the summons upon defendant Grier. (¡Reported below, 6 Hun, 477.) Said defendant was the only one served.
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Appeal -from. order of -the General Term of the Supreme Court in the third judicial department, -affirming an order of Special Term setting -aside a service -of the summons upon defendant Grier. (¡Reported below, 6 Hun, 477.) Said defendant was the only one served. He -is a resident of Pennsylvania, and was served while in attendance at a Circuit in Chemung county as a witness in an action in the Supreme Court wherein the plaintiff herein was a defendant Defendants were not exempted, by any statute, from the service of- civil process unaccompanied■ by an arrest while attending court as a…
1Opinion of the CourtAllen, J.
It is the- policy of the- law to prbtect suitors and witnesses from arrests upon civil process while coming to and attending the court and while returning home. Hpon principle as well as upon authority their immunity from the service of process for the commencement of civil actions against them is absolute eundo, morando et redeundo. This rule is especially applicable in all its force to suitors and witnesses from foreign States, attending upon the ■ courts ■ of this State. In some instances witnesses and suitors, residents of the State, have only been discharged from arrest upon filing…
2Cases cited3 opinions
- Sanford v. ChaseNew York Supreme Court · 1824
- United States v. GomezSupreme Court of the United States · 1860
- Hopkins v. CoburnNew York Supreme Court · 1828
3Cited by83 opinions
- Netograph Manufacturing Co. v. . ScrughamNew York Court of Appeals · 1910
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Parker v. . MarcoNew York Court of Appeals · 1893
- Brooks v. StateSupreme Court of Delaware · 1911
- Greer v. YoungIllinois Supreme Court · 1887
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