Morgen Flour Corp. v. Markowitz

Appellate Division of the Supreme Court of New York

Morgen Flour Corp. v. Markowitz

251 A.D. 739, 296 N.Y.S. 64, 1937 N.Y. App. Div. LEXIS 7320

Appellate Division of the Supreme Court of the State of New York·Decided May 21, 1937·Published

Opinion

Order denying motion by appellant, judgment debtor, to set aside service of a subpoena in supplementary proceedings reversed on the law [740]*740and the facts, with ten dollars costs and disbursements, motion granted and subpoena vacated, without costs. We find that the appellant came into the State voluntarily as a witness and was, therefore, immune from process. Hagarty, Davis, Johnston, Adel and Close, JJ., concur.

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Order denying motion by appellant, judgment debtor, to set aside service of a subpoena in supplementary proceedings reversed on the law [740]*740and the facts, with ten dollars costs and disbursements, motion granted and subpoena vacated, without costs. We find that the appellant came into the State voluntarily as a witness and was, therefore, immune from process. Hagarty, Davis, Johnston, Adel and Close, JJ., concur.

Morgen Flour Corp. v. Markowitz, 251 A.D. 739, 296 N.Y.S. 64, 1937 N.Y. App. Div. LEXIS 7320 (N.Y. Ct. App. 1937).

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251 A.D. 739 (Morgen Flour Corp. v. Markowitz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.