Pearce v. Sutherland

WICKERSHAM, District Judge. A party to a suit and a witness, who voluntarily and in good faith comes into Alaska from New York to attend trial in the district court, cannot, while in attendance, be served with summons in new civil litigation in this court. Such service will be quashed on motion. Parker v. Hotchkiss, 1 Wall. Jr. 269, Fed. Cas. No. 10,739; Brooks v. Farwell (C. C.) 4 Fed. 166; Larned v. Griffin (C. C.) 12 Fed. 590; Wilson-Sewing-Machine Co. v. Wilson (C. C.) 22 Fed. 803; Small v. Montgomery (C. C.) 23 Fed. 707; Kauffman v. Kennedy (C. C.) 25 Fed. 785; Kinne v. Lant (C. C.) 68 Fed. 436; Hale v. Wharton (C. C.) 73 Fed. 739; Morrow v. Dudley (D. C.) 144 Fed. 441; Skinner v. Waite (C. C.) 155 Fed. 828.