Seaver v. Robinson
The Superior Court of New York City
The defendant, a resident of Rhode Island, came from that State to this city, to testify as a witness in an action, pending in a court of this State. He came voluntarily, but at the solicitation of one of the parties, and in good faith, for the sole purpose of being examined as a witness. While waiting for the cause to he called, it being on the day calendar, he was served with a summons, at the suit of Seaver, the plaintiff, issued out of this court.
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The defendant, a resident of Rhode Island, came from that State to this city, to testify as a witness in an action, pending in a court of this State. He came voluntarily, but at the solicitation of one of the parties, and in good faith, for the sole purpose of being examined as a witness. While waiting for the cause to he called, it being on the day calendar, he was served with a summons, at the suit of Seaver, the plaintiff, issued out of this court. He now moved to set aside the service of the summons, insisting that he was privileged from the service of a summons, or other process, by the…
1Opinion of the CourtOakley, C. J.
The question presented by this motion is one of great practical importance. It cannot be expected that citizens of other States will voluntarily appear as witnesses in this State, if they incur the hazard of being sued in our courts, while in good faith attending .solely for the purpose of being witnesses. The instances are rare in which it would not be more convenient and less expensive for them, that the litigation of matters which cannot be amicably adjusted, should be had in the courts of the State in which they reside.
Any one familiar with the character and numbers of the suits tried in…
2Cited by20 opinions
- Bishop v. VoseSupreme Court of Connecticut · 1858
- The Monte A.District Court, S.D. New York · 1882
- In re HealeySupreme Court of Vermont · 1881
- Mitchell v. Huron Circuit JudgeMichigan Supreme Court · 1884
- Wilson v. DonaldsonIndiana Supreme Court · 1889
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