Paul v. Stuckey
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. There is no State statute exempting either local or nonresident attorneys from any legal process. Kirby’s Digest, §§ 3129, 444; 61 Ark. 504; 54 Am. St. 276. 2. The common law does not allow counsel the privilege of immunity from service of civil process. Weeks on Attorneys, § 107, p. 203; 3 Blaekst.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. There is no State statute exempting either local or nonresident attorneys from any legal process. Kirby’s Digest, §§ 3129, 444; 61 Ark. 504; 54 Am. St. 276. 2. The common law does not allow counsel the privilege of immunity from service of civil process. Weeks on Attorneys, § 107, p. 203; 3 Blaekst. Com., § 289. 3. The great weight of authority is against the immunity. 35 Ark. 331; 12 L. R. A. (N. S.) 942, and note; 32 Id. 931; 198 U. S. 144; 134 Am. St. 886; 7 Words & Phrases, 6787; 89 M. W. 1124; 17 Tenn. (9 Yerg.) 7,…
1Opinion of the CourtWood, J.
The appellant filed her complaint against the appellee in the Pmaski Circuit Court, alleging that appellee was indebted to the estate of John P. Paul in the sum of $700, and asking that she, as his administratrix, have judgment for that amount. She had summons issued. Appellee is an attorney. He was engaged in defending one Atkinson, who was on trial charged with a felony in the Pulaski Circuit Court. Appellee, while thus engaged, was called to the door of the court room and the summons issued in the civil suit was served upon him. Appellee at that time resided in Jackson county. He moved to…
2Cases cited9 opinions
- Netograph Manufacturing Co. v. . ScrughamNew York Court of Appeals · 1910
- Brooks v. StateSupreme Court of Delaware · 1911
- Wilson v. DonaldsonIndiana Supreme Court · 1889
- Woodruff v. BerrySupreme Court of Arkansas · 1882
- Greenleaf v. People's Bank of BuffaloSupreme Court of North Carolina · 1903
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3Cited by11 opinions
- Wangler v. HarveySupreme Court of New Jersey · 1963
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- Chicago, Burlington & Quincy Railroad v. DavisNebraska Supreme Court · 1924
- Lovejoy v. FosterDistrict Court, N.D. Texas · 1948
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