Dupont v. Pichon
Supreme Court of Pennsylvania
The plaintiff had issued a capias against the defendant, in an action upon the case, &c., and a citation was served upon him, in the following terms : * “Sir. — You are hereby cited to show your cause of action, and r*ann why the defendant, claiming privilege as charge d'affaires of the *• French republic, should not be discharged from the process issued against him, at the city-hall, in the city of Philadelphia, at 10 o’clock, to-morrow forenoon.
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The plaintiff had issued a capias against the defendant, in an action upon the case, &c., and a citation was served upon him, in the following terms : * “Sir. — You are hereby cited to show your cause of action, and r*ann why the defendant, claiming privilege as charge d'affaires of the *• French republic, should not be discharged from the process issued against him, at the city-hall, in the city of Philadelphia, at 10 o’clock, to-morrow forenoon. Philadelphia, 1st of March 1805. Edward Shippen.” The citation was returned to the judges of the supreme court, then holding a court of Nisi…
1Opinion of the Court
The Court were decidedly of opinion, that Mr. Pichón would be entitled to privilege as charge de affaires, until his return to France ; but *281Chief Justice Shippkn seemed inclined to wait for information, from the department of state, as to his actual reception by the President in that character. On its being intimated, however, that the attorney of the district had become responsible to the sheriff for Mr. Pichon’s appearance, only until the sense of the court could be obtained ; and that Mr. Pichón must now, probably, submit to imprisonment under the capias, the judges concurred in…
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