PROCESS--PRIVILIGE OF NONRESIDENT ATTORNEY

Authors

Abstract

The defendant, an attorney at law and resident of Minnesota, came into Wisconsin to take depositions to be used in suits pending in Minnesota. Upon arrival he and the witnesses were served with an injunction restraining the taking of the depositions. While awaiting a hearing upon the injunction, in which he intended to appear in his own behalf and as attorney for the witnesses, personal service of a Wisconsin summons in the instant action was made upon him, naming as defendants himself and the law firm of which he was a member. A motion to set aside the service of summons, made by way of special appearance, was overruled in the circuit court, and the defendant removed the cause to the federal district court upon the ground of diversity of citizenship. Here an order was made vacating the service of summons. The plaintiff appealed. Held, a nonresident attorney, present in the jurisdiction to take depositions for use in litigation pending either within or without the state, is exempt from service of process in a civil action. It was held that a nonresident is exempt from service when, at the time of service, he is a party to or witness in litigation within the state. Durst v. Tautges, Wilder & McDonald, 44 F.(2<1.) 507.

Recommended Citation

PROCESS--PRIVILIGE OF NONRESIDENT ATTORNEY, 29 Mich. L. Rev. 791 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss6/33