Martin v. Whitney
Supreme Court of New Hampshire
Assumpsit, to recover a claim for personal services and. expenses. Transferred from the October term, 1907, of the superior court by Pike, J., upon an agreed statement of facts.
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Assumpsit, to recover a claim for personal services and. expenses. Transferred from the October term, 1907, of the superior court by Pike, J., upon an agreed statement of facts. The writ is dated June 25, 1907, and contains the following command: “We also command you to attach the money, goods, chattels, right, and credits of the said defendant, in the hands of the Boston & Maine Railroad, and especially the funds due Whitney, Martin & Co. by reason of a fire which burned a lot of lumber May 2, 1906, a body corporate doing business at said Concord, to the value of eighteen hundred dollars,…
1Opinion of the CourtBingham, J.
The motion to dismiss the action should be granted. The service of the writ upon the defendant was illegal, and the ease does not disclose facts showing that a valid attachment was made. When the writ was served upon the defendant he was not a resident of this state, but was here attending a hearing in an equity proceeding in which he was interested as party and witness. Non-resident witnesses and non-resident parties as witnesses are privileged from arrest or summons upon civil process while in attendance upon, going to, or returning from the trial of a cause in the courts of this state, and…
2Cases cited2 opinions
- Parker v. . MarcoNew York Court of Appeals · 1893
- In re HealeySupreme Court of Vermont · 1881
3Cited by3 opinions
- Burroughs v. Cocke & WillisSupreme Court of Oklahoma · 1916
- Dolber v. YoungSupreme Court of New Hampshire · 1923
- Palmer v. Duplex Truck Co.Supreme Court of New Hampshire · 1918