Joseph McKenna

“ The service of process is upon the individual but the exemption from its requirement is something more than a privilege to him. It is 'the privilege of the court,' we have seen, rather than his. 'It is founded in the necessities of the judicial administration.' Besides, it cannot be assumed as plaintiff in error does, that the pleading in her suit against plaintiff in error was false and a tort, and on that assumption deny her the immunity to which she is entitled. The truth or falsity of the pleadings is not to be assumed; it is to be established. ”

“ They are both instruments of judicial administration within the same territory, available to suitors, fully available, neither they nor their witnesses subject to be embarrassed or vexed while attending, the one 'for the protection of his rights' ”

“ The Page Company brought suit in the District Court of the United States for the District of Massachusetts against the defendant in error for libel, constituted, it was alleged, by allegations in a certain bill of complaint which was filed by her against that company in a superior court of Massachusetts.
A question of jurisdiction in the sense of immunity from process is presented. Plaintiff in error is a Massa chusetts corporation; defendant in error, a resident and citizen of Leaksdale, Ontario, Canada. ”