This case is governed by the decision in Cooper v. Wyman, from which it differs only in that the non-resident defendant herein was served with' summons while attending court in this State as a witness only.
Appeal dismissed.
Cooper v. Bogle, 122 N.C. 789 (1898)
May 11, 1898
·
Supreme Court of North Carolina
122 N.C. 789
J. W. COOPER v. J. C. M. BOGLE.
(Decided May 11, 1898.)
Process, Service of on Non Resident Attending Court in this State as a Witness — Privilege.
(Eor Syllabus see Cooper v. Wyman, ante.)
Civil actior heard before Norwood, J., at Fall Term, 1897, of Cherokee Superior Court, on a motion to dismiss an action in which service of process was made upon the defendant while temporarily in this State in attendance upon Court as a witness. The motion was refused and defendant appealed.
Messrs. Davidson & Jones and F. A. Sondley for defendant (appellant).
No counsel contra.