79 Md. 364 | Md. | 1894
delivered the opinion of the Court.
Edward P. Sanborn and Arthur C. Mann, trading as Sanborn & Mann, residing and doing business in Massachusetts, issued out of the Baltimore City Court an attachment on original process against Joseph Mullen, a citizen ■of this State and a resident of Baltimore city. This attachment was subsequently quashed, and the short note case was prosecuted, but without success. Sanborn, one of the plaintiffs in the attachment suit, was advised by his counsel here that it would be necessary for him to testify as a witness at the trial of the short note case, and it is admitted he came here for that purpose. The case, however, was continued, and Sanborn, having left the courtroom in Baltimore, was about to depart'from this State for his home in Massachusetts, when he was summoned as a defendant in a cause brought by the appellant, Mullen, to recover damages for wrongfully, maliciously, and without probable cause, issuing the attachment above mentioned. Sanborn moved to quash the writ of summons and the return of the sheriff thereon, on the ground that being a witness from another State he was exempt from civil process while attending as a witness in the short note case, and for a reasonable tíme thereafter. This motion was answered by Mullen, who insisted that it should be dismissed, but the Court below, being of opinion that it was hound by the decision of this Court in Bolgiano vs. Gilbert Lock Co. and Lance, 73 Md., 132.passed an order quashing the writ of summons as prayed by Sanborn. Prom this order Mullen has appealed.
The only question, therefore, presented here is, whether under the circumstances of this case the appellee, San-
It would seem, therefore, that whatever rule of exemption wé may adopt in regard to suitors generally, in civil actions, when the occasion arises, that neither public policy nor the due administration of justice demands that we should hold the appellee exempt from the service of the summons issued against him to compel him to answer in damages for the alleged wrongful issuing of the attachment in question. Sound public policy, on the contrary, as well as the administration of equal justice, would seem to demand that no inducements should be held out to nonresident suitors to avail themselves of the harshest remedy known to our statutes; but if they should come, and should abuse the remedy to the injury of an alleged debtor, let them answer here as the residents of this State must do in like cases.
In conclusion, we need only say that we think it unnecessary to discuss further than we have already done, Bolgiano’s Case; for whether or not the principles there announced and the cases there cited to support them establish, as contended by counsel for appellee in the additional brief filed a few days ago, that, generally, plaintiffs, defendants, and witnesses are all equally exempt from civil process while attending Court in another State, the case now before us, for the reasons we have given, is unlike that case and the cases therein cited.
We must not be considered as agreeing that Bolgiano’s Case goes to the extent contended for by the appellee here. The exemption from service of civil process enjoyed by witnesses in this State under the rule laid down in the case cited, should not be further extended, except upon the most careful consideration.
Order reversed and cause remanded.