Sperry v. Willard
New York Supreme Court
Motion to set aside default. During the last October term> the defendant was arrested at Plattsburgh, on a capias issued against him. He claimed to be privileged from arrest as a counsellor of this court, which claim was recognized by the deputy, who discharged him without requiring bail. The capias was, notwithstanding, returned cepi corpus, and the plaintiff proceeded in the suit.
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Motion to set aside default. During the last October term> the defendant was arrested at Plattsburgh, on a capias issued against him. He claimed to be privileged from arrest as a counsellor of this court, which claim was recognized by the deputy, who discharged him without requiring bail. The capias was, notwithstanding, returned cepi corpus, and the plaintiff proceeded in the suit. Special bail not being put in, the plaintiff filed common bail sec. stat., entered the defendant’s default for not pleading, and perfected judgment. There was no service of the declaration, or of any notices in…
1Opinion of the Court
By the Court,
Savage, C. J.
The defendant, as a counsellor of this court, was privileged from arrest during the sitting of the court. (1 R. L. 418.) It was the duty of the officer to serve the process, notwithstanding the claim of privilege. (18 Johns. R. 52.) The defendant would have been relieved from arrest on application to the court, but he would have been required to file common bail, as the object of the statute is only to prevent the arrest of attornies and counsellors during term, where their attendance may be necessary for the benefit of suitors. This has been done by the plaintiff ;…
2Cited by4 opinions
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