Subpoena; nonresident witness; immunity from service of summons.

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25-1235. Subpoena; nonresident witness; immunity from service of summons.

A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county, while going, returning or attending in obedience to a subpoena.

Source

  • R.S.1867, Code § 363, p. 454;
  • R.S.1913, § 7927;
  • C.S.1922, § 8869;
  • C.S.1929, § 20-1235;
  • R.S.1943, § 25-1235.

Annotations

  • Nonresident is privileged from service while coming to, going from, and attending trial; and has reasonable time to prepare for his return. Linton v. Cooper, 54 Neb. 438, 74 N.W. 842 (1898), judgment affirmed in 54 Neb. 443, 74 N.W. 961 (1898).

  • Exemption is a personal privilege which may be waived. Mayer v. Nelson, 54 Neb. 434, 74 N.W. 841 (1898).


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