Pеtitioner, Everett Barlóele, asles for a writ of mandamus requiring circuit judge Richter to set aside a certain order entered on the 20th day of April, 1937, denying a motion to quash service of a civil summons upon petitioner in this cause.
Barlóele is a resident of Washtenaw county and on the 21st day of February, 1937, became involved in an automobile accident in thе city of Detroit. The investigation of the accident was later turned оver to the accident investigation bureau of the Detroit police department. This bureau contacted the Ann Arbor police dеpartment, which in turn notified Barlock to appear before the Detroit police department accident investigation bureаu March 6, 1937, to discuss whether or not a ticket or warrant *631 would issue against Barlock in consequence of the automobile accident. Pеtitioner responded to this notice, but the matter was continued to Mаrch 13th and again adjourned to March 27th. Petitioner was present at this adjourned meeting* and after a discussion of the subject matter was served with a ticket for failing* to identify himself at the scene of the accidеnt. After receiving the ticket, Barlock was served with a copy of a law summons issued out of the circuit court of'Wayne county.
Petitioner claims exemption from service of the summons by virtue of 3 Comp. Laws 1929, § 14106, the applicable portion of which provides that any party or witness who is in attendance on a “suit, or proceeding,” in a county in which he does not reside is exempt from the service of civil procеss issued out of any other suit commenced in that county.
The precisе question involved in the case at bar has not been determined in this State.
In 21 It. C. L. p. 1309, it is said:
“Originally the exemption from process by privileg*e could he invokеd only for attendance on courts, but it is now extended so as to embrace every proceeding of a judicial nature, taken in or emanating from a duly constituted judicial tribunal, which directly relates to the triаl of the issues involved.”
The general rule is well stated in
Lingemann
v.
Macomb Circuit Judge,
“Thus, it is well established by judicial authority that parties and witnesses who are in good faith in attendance on a suit or judicial prоceeding* in a county in which they do not reside are privileged from thе service of civil process from any other *632 court in that county during suсh attendance and for a reasonable time while going and coming. This is the rule whether their attendance is voluntary' or compulsory. ’ ’
In 32 Cyc. p. 406, the word “proceeding” is defined as:
“Any aрplication, however made, to a court of justice for the purpose of having matters in dispute judicially determined; any application to a court of justice however made for aid and enfоrcement of rights, for relief, for the redress of injuries, for damages or for any remedial object.”
The instant case is to be distinguished from Lingemann v. Macomb Circuit Judge, supra. In that case, service of civil proсess was made while Kirchofer was attending a hearing before a justiсe of the peace in relation to a “ticket” which he had рreviously received, while in the case at bar Bar-lock was in attеndance before the accident investigation bureau of the Detroit police department to determine whether or not a “tiсket” should be issued. This conference was neither a trial nor a hearing before a judicial officer. The officer in charge could nоt make a judicial determination of any issue; and in our opinion, there was not such a “suit or proceeding” as is contemplated by the statute.
The writ of mandamus is denied, with costs against defendant Barlock.