Van Alstyne v. Dearborn
New York Supreme Court
Error from the Madison common pleas. Van Alstyne . . . ; - - - sued Dearborn by summons in a justice s court, and declare<^ him for the use and occupation of a dwelling house, &c. The defendant pleaded “ his privilege as being an at- „ , 1 1 torney of the supreme court then sitting, and as such not h-able to be proceeded against under the said summons.”
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Error from the Madison common pleas. Van Alstyne . . . ; - - - sued Dearborn by summons in a justice s court, and declare<^ him for the use and occupation of a dwelling house, &c. The defendant pleaded “ his privilege as being an at- „ , 1 1 torney of the supreme court then sitting, and as such not h-able to be proceeded against under the said summons.” The plaintiff demurred, and the justice gave judgment for the e e e plaintiff, upon which the defendant pleaded the general issue and the statute of limitations, the parties proceeded to *™1, al)d the justice rendered judgment for the…
1Opinion of the Court
By the Court, Marcy, J.
This case involves the consideration of the form and effect of the defendant’s plea of privilege. It is contended that this plea is defective in substance, because it did not state that the defendant was a practising attorney, or that he had, within one year from the time of the commencement of the suit against him, been engaged as an attorney in the prosecution of a suit in the supreme court. The common pleas, in reviewing the decision of the justice, were bound, by the express provision of the statute, (sess. 47, ch. 238, sec. 38,) to construe the plea liberally…
2Cited by3 opinions
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- Ring v. GroutNew York Supreme Court · 1831