Golden v. Faxon

Defendant, Jack Faxon, 7th District State Senator, appeals, by leave granted, from the denial of his motion to quash service of process.

Defendant’s motion to quash service of process, following plaintiff Richard Golden’s commencement of suit against him for contract rescission in October, 1981, was based on his constitutional and statutory privilege from civil process during sessions of the Legislature. Const 1963, art 4, § 11 and MCL 600.1831(3); MSA 27A.1831(3). The trial court found that recognition of the privilege in this case would result in a denial of due process to plaintiff, since…