Matthews v. . Tufts
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made October 21, 1881, which reversed an order of Special Term, setting aside the sevice of the summons herein upon defendant Tufts, and dismissing the action as to him.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made October 21, 1881, which reversed an order of Special Term, setting aside the sevice of the summons herein upon defendant Tufts, and dismissing the action as to him. The motion was founded upon the affidavit of. said defendant, which stated in substance that he was a resident of Boston, and came to the city of New York for the purpose of attending at the first meeting of creditors of Edward Matthews, á bankrupt, the husband of the plaintiff, held there before a register in bankruptcy; that…
1Opinion of the CourtRapallo, J.
In Van Lieuw v. Johnson, decided March, 1871, and referred to in Person v. Grier (66 N. Y. 124), a majority of this court were of opinion that .a summons could not be served upon a defendant, a non-resident of the State, while attending a court in this State as a party. This immunity does not depend upon statutory provisions, but is deemed necessary for the due administration of justice. It is not confined to witnesses, but extends to parties as well, and is abundantly sustained by authority. (Cole v. Hawkins, Andr. 275; S. C., 2 Str. 1094; Arching v. Flower, 8 T. R. 534; Miles v. McCullough,…
2Cases cited6 opinions
- Person v. . GrierNew York Court of Appeals · 1876
- Parker v. HotchkissU.S. Circuit Court for the District of Eastern Pennsylvania · 1849
- In re HealeySupreme Court of Vermont · 1881
- Juneau Bank v. McSpedanU.S. Circuit Court for the District of Wisconsin · 1860
- Hayes v. ShieldsSupreme Court of Pennsylvania · 1797
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3Cited by73 opinions
- Stewart v. RamsaySupreme Court of the United States · 1916
- Brooks v. StateSupreme Court of Delaware · 1911
- Cooper v. . WymanSupreme Court of North Carolina · 1898
- Christian v. WilliamsSupreme Court of Missouri · 1892
- Mitchell v. Huron Circuit JudgeMichigan Supreme Court · 1884
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