Legal Opinion

Peet v. Fowler

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided May 28, 1909No. 574PublishedCited by 6 opinions

On Motion to Quash Service of Summons.

1Opinion of the Court

HODTAND, District Judge.

It is a well-established principle of law that parties to a suit, for the sake of public justice, are privileged from the service of process upon them in coming to, attending upon, and returning from the court, or as it is usually termed, eundo, mo-rando, et redeundo. This is an immunity of all persons under certain circumstances, on the principle that, where the law requires any duty of the citizen, it will protect him in the discharge of that duty, and the privilege extends to the service of a summons as well as a capias. The cases in point are collected in Troubat &…

2Cases cited1 opinion

  1. Partridge v. PowellSupreme Court of Pennsylvania · 1897

3Cited by6 opinions

  1. Kaufman v. GarnerU.S. Circuit Court for the District of Western Kentucky · 1909
  2. Roschynialski v. HaleDistrict Court, D. Nebraska · 1913
  3. LaChance v. Service Trucking Co.District Court, D. Maryland · 1962
  4. State ex rel. Gunn v. Superior CourtWashington Supreme Court · 1920
  5. United Nations v. AdlerDistrict Court, S.D. New York · 1950

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