25-1235 Subpoena; nonresident witness; immunity from service of summons.
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. SourceR.S.1867, Code § 363, p. 454; R.S.1913, § 7927; C.S.1922, § 8869; C.S.1929, § 20-1235; R.S.1943, § 25-1235.AnnotationsNonresident 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).