Corey v. Russell — 4 Wend. 204

Majority

p. 204

Corey vs. Russell.

Headnote

Altornies and counsellors of tills court are not privileged from arrest, although such arrest prevents their contemplated attendance upon court, if the arrest be made whilst they remain at home.

A member of the legislature may be arrested after his return home, although fourteen days after the adjournment of the legislature have not expired.

Privilege of a counsellor of this court and a member of the legislature. On Friday evening the thirthieth day of April .preceding Monday the third day of May, (the commencement of the May term of this court in the city of New-York,) the defendant was arrested on a ca. sa. at his residence, a distance of 190 miles from the city of New-York, behaving intended on the next morning to proceed to New-York, to attend the supreme court as a counsellor, where he was engaged as counsel in several catises noticed for argument.

On this ground a motion was made for his discharge from the arrest, and also on the ground that he was privileged from arrest as a member of the legislature, fourteen days not having elapsed since its adjournment, which was on the twentieth day of April last

p. 205

By the Court,

Attornies and counsellors of this court are privileged from arrest whilst in actual attendance upon the court, or whilst going to or returning from court; the privilege extends eundo et redeundo, hut whilst remaining at home they are subject to arrest. On this ground, therefore, the defendant is not entitled to a discharge. Nor can his privilege as a member of the legislature avail him, having actually returned to his home after the adjournment of the legislature. The protection from arrest is secured to enable members of the legislature to return to their homes, and having in fact returned, they cannot claim an exemption from arrest, although the fourteen days are not expired. The defendant can claim nothing on this ground. The motion is denied.