Case v. Rorabacher
Michigan Supreme Court
Error to Livingston Circuit. This Avas an action upon a promissory note. The defendant filed a plea, in substance, that he Avas attending the Circuit Court in a suit wherein he was a party defendant, and while in such attendance that the summons in said suit was served upon him; and that lie claimed exemption from the service of such process during such attendance. Plaintiff demurred to the plea. The demurrer was overruled and the plea sustained.
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Error to Livingston Circuit. This Avas an action upon a promissory note. The defendant filed a plea, in substance, that he Avas attending the Circuit Court in a suit wherein he was a party defendant, and while in such attendance that the summons in said suit was served upon him; and that lie claimed exemption from the service of such process during such attendance. Plaintiff demurred to the plea. The demurrer was overruled and the plea sustained. The question presented is, can a suitor in attendance, in the county of his residence, upon a suit then pending and for trial, be served with a…
1Opinion of the Court
Campbell J.
Rorabacher, the defendant in error, having been sued by service of summons, pleaded in abatement that at the time *539of service he was attending court as a party to another law suit which had been noticed for trial at. that term, and he therefore claimed privilege from such process.’ This plea was demurred to, and the demurrer was overruled,, and error is brought upon that decision.
We are not prepared to say that cases may not exist where a party to a suit may be entrapped into attendance for vexatious purposes, and where service of j>rocess may not be an abuse to be relieved against.…
2Cited by11 opinions
- Christian v. WilliamsSupreme Court of Missouri · 1892
- Mitchell v. Huron Circuit JudgeMichigan Supreme Court · 1884
- Fisher v. BouchelleWest Virginia Supreme Court · 1950
- Wilson v. DonaldsonIndiana Supreme Court · 1889
- Larned v. GriffinU.S. Circuit Court for the District of Massachusetts · 1882
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