Murray v. Wilcox
Supreme Court of Iowa
Appeal from Story District Oourt. — HoN. W. S. Kenyon, AND Hon. J. H. Richard, Judges. On January 1, 1902, the plaintiff filed her petition alleging that defendant had promised to marry her, and because of his failure to comply she had been greatly damaged.
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Appeal from Story District Oourt. — HoN. W. S. Kenyon, AND Hon. J. H. Richard, Judges. On January 1, 1902, the plaintiff filed her petition alleging that defendant had promised to marry her, and because of his failure to comply she had been greatly damaged. The original notice was duly served in Story county, and on' the 14th day of the same month the defendant filed a motion to set aside the service, and that he be discharged on three grounds: (1) That the court had no jurisdiction of his person; (2) that the service of the notice conferred no such jurisdiction; and (3) that defendant, when…
1Opinion of the CourtLaud, J.
-The immunity from service of civil process of a witness while attending a trial in a state other than 'that of his residence to give evidence seems to be universally recognized. The privilege protects him in coming, in staying, and in returning, if he acts in good faith, and without unreasonable delay. Sherman v. Gundlauch, 37 Minn. 118 (33 N. W. Rep. 549); Mitchell v. Wixon, 53 Mich. 541 (19 N. W. Rep. 176); Thompson's Case, 122 Mass. 428 (23 Am. Rep. 370); Person v. Grier, 66 N. Y. 124 (23 Am. Rep. 35). See note to Mullen v. Sanborn, 79 Md. 364 (25 L. R. A. 721). As to whether a party is…
2Cases cited17 opinions
- Person v. . GrierNew York Court of Appeals · 1876
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Bishop v. VoseSupreme Court of Connecticut · 1858
- Mullen v. SanbornCourt of Appeals of Maryland · 1894
- In re HealeySupreme Court of Vermont · 1881
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Stewart v. RamsaySupreme Court of the United States · 1916
- Church v. ChurchCourt of Appeals for the D.C. Circuit · 1921
- Kaufman v. GarnerU.S. Circuit Court for the District of Western Kentucky · 1909
- Arnett v. Carol C. & Fred R. Smith, Inc.Mississippi Supreme Court · 1932
- In re HendersonNorth Dakota Supreme Court · 1914
19 more not listed; retrieve them via the Exa API.