Merrill v. George
New York Supreme Court
Appeal from an order of the special term setting aside the summons and proceedings in this action. The defendant is a resident of the state of Illinois, and came to Buffalo as a witness in an action pending against himself in the superior court of that city. The trial of that action was concluded at about 2J o’clock p. m., and at 3 p. m. of the same day, the plaintiff commenced this action by the service of a summons.
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Appeal from an order of the special term setting aside the summons and proceedings in this action. The defendant is a resident of the state of Illinois, and came to Buffalo as a witness in an action pending against himself in the superior court of that city. The trial of that action was concluded at about 2J o’clock p. m., and at 3 p. m. of the same day, the plaintiff commenced this action by the service of a summons. The defendant moved, at special term, to set aside such service, and for his discharge from the action, on the ground that both as a non-resident suitor and witness he was…
1Opinion of the Court
By the court,
Davis, P. Justice.
It is not denied that
the defendant in this case was privileged from arrest, but it is insisted by the appellant’s counsel that his privilege does not extend so far as to exempt him from the commencement of an action by non-bail able process.
It is established by the cases in this state, that where the party who is arrested,- while entitled to the privilege, is a resident of this state, he will be discharged from arrest on filing common bail or indorsing his appearance on the writ; but where he is a non-resident of the state, he will be discharged absolutely. The…
2Cases cited3 opinions
- Sanford v. ChaseNew York Supreme Court · 1824
- Seaver v. RobinsonThe Superior Court of New York City · 1854
- Norris v. BeachNew York Supreme Court · 1807
3Cited by8 opinions
- In re HealeySupreme Court of Vermont · 1881
- Larned v. GriffinU.S. Circuit Court for the District of Massachusetts · 1882
- Baldwin v. EmersonSupreme Court of Rhode Island · 1888
- First National Bank of St. Paul v. AmesSupreme Court of Minnesota · 1888
- In re Chase National BankNew York Surrogate's Court · 1929
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