Majority
p. 368Gay against Rogers and Wait. said he could not have his privilege, being sued with another. He cited Tiffany v. Briggs & Lynch, ( 13 John. 2 5 2
Headnote
An attorney, or other oíñcourt °is never fromileSearrest wii^n sued with another, though duri- g tingaCofal the court, and during his attenat court.The defendant, Wait, an attorney and counsellor of this Court, attending at this term, was arrested on a bailable ca~ P*cs’ against him and Rogers, a common person.
S, Foot, moved that Wait be discharged,
S. Stevens, contra,
p. 369Foot. That case was decided on common law grounds. But the statute, (1 R. L. 413, s. 12) exempts the profession from arrest, generally, during term.
That statute circumscribes the common law privilege to actual term time, during which it is no greater than it was before the statute. Officers of the Court were never privileged, when sued with others. The reasoning of the Court in Tiffany v. Driggs, as to the statute, (1 R. L. 387) applies, therefore, to the act, (1 R. L. 418, s. 12) up-which the defendant moves.
Motion denied.