It has been repeatedly ruled that he is equally privileged from the service of a summons. Therefore let the service be set aside.
1 Binn. 77
Miles against M'Cullough.
Thursday, December 29th.
A party while attending an appeal from the court of another county to this court is privileged from a summons.
THE defendant while attending in this Court, upon an appeal from the settlement of his accounts, as administrator, in the Orphan's Court of Lancaster county, was served with a summons at the suit of the plaintiff; and Hopkinson now moved to set aside the service upon the ground of privilege.
S. Levy'
contended that the party was privileged from arre8ts alone. But
Miles v. M'Cullough
1 Binn. 77
Case Details
1 Binn. 77
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