Winder v. . Penniman
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at January Term, 1921, of PASQUOTANK. Tbe defendant was a resident of Maryland, and came to Elizabeth City on 11 February, 1920, to prosecute an action brought by him against Winder, and also as witness in said case, and it is found as a fact that be came for no other purpose; that a few minutes after tbe case against Winder was determined, on said 11 February, 1920, tbe plaintiff in this action (tbe defendant in that) bad a warrant of…
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Appeal by defendant from Allen, J., at January Term, 1921, of PASQUOTANK. Tbe defendant was a resident of Maryland, and came to Elizabeth City on 11 February, 1920, to prosecute an action brought by him against Winder, and also as witness in said case, and it is found as a fact that be came for no other purpose; that a few minutes after tbe case against Winder was determined, on said 11 February, 1920, tbe plaintiff in this action (tbe defendant in that) bad a warrant of attachment served upon tbe property of plaintiff, which was found by tbe court to cqnsist of a suit-case and band-bag…
1Opinion of the CourtClaeK, C. J.
“A summons under civil process cannot be served upon nonresidents who come into this State for tbe sole purpose of attending to litigation, either as suitor or witness. Such rule is based upon high considerations of public policy and not upon statutory law, since it is to tbe best interests of tbe public that suitors and witnesses from other states, who cannot be compelled to attend court here, may not be deterred from voluntarily appearing. Tbe exemption of nonresident suitors or witnesses from service of civil process while attending courts in this State covers tbe time of their coming,…
2Cases cited19 opinions
- Parker v. . MarcoNew York Court of Appeals · 1893
- Cooper v. . WymanSupreme Court of North Carolina · 1898
- Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
- United States v. SanbornU.S. Circuit Court for the District of Massachusetts · 1886
- Christian v. WilliamsSupreme Court of Missouri · 1892
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Brainard v. Dist. Court of Eighth Judicial District Ex Rel. Natrona CountyWyoming Supreme Court · 1926
- Wheeler v. FlintoffSupreme Court of Virginia · 1931
- State v. . JenkinsSupreme Court of North Carolina · 1928
- Davis v. HackneySupreme Court of Virginia · 1955
- Kay v. MEADORSSupreme Court of South Carolina · 1950
5 more not listed; retrieve them via the Exa API.