People ex rel. Hess v. Flansburg
New York Supreme Court
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
- Person v. . GrierNew York Court of Appeals · 1876
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Parker v. . MarcoNew York Court of Appeals · 1893
- Miles v. M'CulloughSupreme Court of Pennsylvania · 1803
- Bours v. TuckermanNew York Supreme Court · 1811
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3Cited by4 opinions
- State Ex Rel. Brainard v. Dist. Court of Eighth Judicial District Ex Rel. Natrona CountyWyoming Supreme Court · 1926
- McIntyre v. SawyerAppellate Division of the Supreme Court of the State of New York · 1917
- Department of Housing Preservation & Development v. KoenigsbergCivil Court of the City of New York · 1986
- People ex rel. Hummel v. DavyAppellate Division of the Supreme Court of the State of New York · 1905