(Syllabus.)
1. Process — Immunity From Service of Civil Process in Another County — Nonresident Attending Court as Defendant in Criminal Case.
A nonresident who is compulsorily brought into a county other than his residence, to attend court in answer to a criminal charge pending against him, is immune from service of civil process, for a reasonable time, while going to, attending at, or returning from court, in the furtherance of the administration of justice and as a matter of public policy, when timely application is made to claim such immunity from service.
2. Same — Motion to Quash Improperly Denied.
Record examined: Held, that the cause should be, and the same is reversed and remanded, with directions to sustain the motion to quash.
McNEILL, C. J.
This case grew out of the same state of facts as in the case of J.R. Thomas and R.C. Truitt, Plaintiffs in error, v. William Blackwell, Defendant in Error, case No. 23644, this day decided ( 172 Okla. 487, 46 P. [2d] 509), the only difference in the two cases being that William Blackwell, defendant in error in No. 23644, is the person who swore to the criminal complaint against the plaintiffs in error before the justice of the peace in the city of Cordell, Washita county, Okla.
The opinion in said case No. 23644 is controlling herein.
Cause is reversed and remanded, with directions to sustain the special appearance and motion to quash summons.
McNEILL, C. J., and RILEY, PHELPS, CORN, and GIBSON, JJ., concur.