Catlett v. Morton

Opinion o? the Court, bv

Judge Mills.

THE plaintiff in error was a member of the legisla-lure, and while attending its deliberations, a summons and petition for debt issued from the clerk’s office of '^1C ^ranklin circuit court, was served upon him, and he pleaded his privilege as a member in abatement of the writ. On demurrer the court below held the plea invalid, and he has prosecuted this writ of error.

Under the constitution of this state, it has not been, and cannot be pretended, that the plaintiff is entitled Prlvilege of being excused from the service of any Process °f this nature, which…