Legal Opinion

People ex rel. Hess v. Flansburg

New York Supreme Court

Decided December 6, 1893PublishedCited by 4 opinions

Appeal from circuit court, Montgomery county. Prohibition on the relation of Frederick Hess against A. B. Flans-burg, a justice of the peace, „and Horace Inman. From an order granting the writ, said Fransburg and Inman appeal.

1Opinion of the CourtPutnam, J.

It is well settled that a nonresident of the state, while here in attendance upon a court as a party or a witness, cannot be arrested, or served with a process in a civil action. Parker v. Marco, 136 N. Y. 585, 32 N. E. 989; Matthews v. Tufts, 87 N. Y. 568; Person v. Grier, 66 N. Y. 124. There are cases, however, holding that a resident of the state attending as a party or a witness in a county other than that in which he lives is not exempt from the *330service of a summons in a civil action. Frisbie v. Young, 11 Hun, 474; Hopkins v. Coburn, 1 Wend. 292; Bours v. Tuckerman, 7 Johns. 538; Sheldon…

2Cases cited8 opinions

  1. Person v. . GrierNew York Court of Appeals · 1876
  2. Matthews v. . TuftsNew York Court of Appeals · 1882
  3. Parker v. . MarcoNew York Court of Appeals · 1893
  4. Miles v. M'CulloughSupreme Court of Pennsylvania · 1803
  5. Bours v. TuckermanNew York Supreme Court · 1811

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State Ex Rel. Brainard v. Dist. Court of Eighth Judicial District Ex Rel. Natrona CountyWyoming Supreme Court · 1926
  2. McIntyre v. SawyerAppellate Division of the Supreme Court of the State of New York · 1917
  3. Department of Housing Preservation & Development v. KoenigsbergCivil Court of the City of New York · 1986
  4. People ex rel. Hummel v. DavyAppellate Division of the Supreme Court of the State of New York · 1905

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API