Page Co. v. MacDonald, 261 U.S. 446 (1923)

Page Co. v. Macdonald

No. 308

Argued March 13, 1923
Decided April 9, 1923
261 U.S. 446

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF MASSACHUSETTS

Syllabus

1. A nonresident defendant to an action in the district court is immune to service of process therein while present within the district as a party to litigation in a state court attending a hearing before a special master. P. 447.

2. This exemption from service is the privilege of the court before which the party is attending, rather than the privilege of the party himself. P. 448.

3. Where the action in which service is attempted is for an alleged libel in his pleadings on file in the case upon which he is attending, he cannot be adjudged to have forfeited his immunity upon the theory that the libel was still being committed, through such pleadings, to the time when the attempted service was made. Id.

Affirmed.

Error to a judgment of the district court sustaining a plea in abatement to an action for libel.