Commonwealth v. Ronald
Court of Appeals of Virginia
Chancellor Wythe mentioned to the court a circumstance which he had accidentally heard, and considered as a high breach of privilege. The chief justice of the general court had, a few days before, been served with a process from the county court of Henrico, the moment he stept off the bench of this court.
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Chancellor Wythe mentioned to the court a circumstance which he had accidentally heard, and considered as a high breach of privilege. The chief justice of the general court had, a few days before, been served with a process from the county court of Henrico, the moment he stept off the bench of this court. He therefore submitted to the court, the propriety of making a rule against the attorney who ordered the process, the clerk who issued it, and the officer who served it, to appear before this court on the first day of the next term, to shew cause why an attachment, against them, should not…
1Opinion of the Court
Wythe, Chancellor.
No law is necessary to be made. This privilege is part of the common law of England, which we have adopted, and extends, not only to judges, but to attornies, witnesses, and the parties themselves.
Lyons, Judge. There is no point more clear. Parties attending their suits are privileged$ so are their attorneys and witnesses: and so the judges must be.
Rule awarded.
Ronald, now appeared agreeable to the rule. He stated, and so it appeared by the evidence, that he had acted with a good deal of delicacy towards the chief justice; and that it was by the desire of that gentleman,…
2Cited by2 opinions
- Lester v. BennettCourt of Appeals of Virginia · 1985
- State v. DuffieldWest Virginia Supreme Court · 1952