
    FRANKLIN H. PERSON, Appellant, v. A. PARDEE and others, Respondents.
    
      S&i'vice of summons — when sel aside — attendance as a witness.
    
    The service of a summons upon a non-resident while attending as a witness, in good faith, the trial of an action in one of the courts of this State, is irregular and will be set aside. (Leaver v. Robinson, 3 Duer, 622; Merrrül v. George, 23 How., 331.)
    
      Appeal from an order made at the Special Term setting aside the service of the summons in this action.
    
      Hart & Mo Quire, for the appellant. H. G. Moalc, for the respondents.
   Opinion

per Curiam.

Present — Learned, P. J., Boardman and Bocees, JJ.

Order affirmed with ten dollars costs, besides disbursements for printing.  