State ex rel. Sivnksty v. Duffield
Supreme Court of Appeals of West Virginia
71 S.E.2d 113 (W.Va. 1952)
Sivnksty (defendant) was vacationing in Gilmer County, West Virginia when he hit two children with his car. He was arrested and jailed until his trial. While he was in jail, one of the children brought a tort action against him and served him in jail. Sivnksty made a special appearance in the tort action and filed a plea in abatement, charging that the court did not have jurisdiction over him because as a non-resident in jail in a criminal matter, he was immune to service of process in the tort action. The court ruled against Sivnksty’s plea in abatement and he appealed.
Rule of Law
Holding and Reasoning (Riley, J.)
Dissent (Lovins, J.)