Marks v. La Societe Anonyme de l'Union des Papeteries
New York Court of Common Pleas
Appeal from special term. Action by Samuel M. Marks and Jules Meyer against La Societe Anonyme de 1’Union des Papeteries. From an order setting aside the service of summons, plaintiffs appeal.
1Opinion of the CourtBookstaver, J.
Witnesses are entitled to immunity from the service of civil process for the commencement of actions, while attending our courts for the purpose of testifying, and this immunity does not depend on statutory provision, but is deemed necessary for the due administration of justice, and extends not only to witnesses, but also to the parties to the action. Matthews v. Tufts, 87 N. Y. 570. It also applies where the witness is a director of a foreign corporation, and is served with the summons in an action against such corporation,—Sheehan v. Railroad Co., (Sup.) 3 N. Y. Supp. 790,—and it makes no…
2Cases cited5 opinions
- Person v. . GrierNew York Court of Appeals · 1876
- Hollender v. HallNew York Supreme Court · 1890
- Sander v. HarrisNew York Supreme Court · 1891
- Finch v. GalligherNew York Supreme Court · 1890
- Sheehan v. Bradford, B. & K. R Co.New York Supreme Court · 1889
3Cited by1 opinion
- Kreiser v. ScofieldNew York Court of Common Pleas · 1894