Povy, an Attorney of the King’s Bench, brought an action of trespass there against the Warden of the Fleet, who came into the Common Pleas and demanded the advice of the Court, because he is an officer of this Court, and therefore ought not to be impleaded elsewhere : but it was said by the Court, that because that the plaintiff hath also his privilege in the King’s Bench, as well as the defendant hath here, this equality of privilege shall render the parties at liberty ; and he shal have the benefit of the privilege who first begins suit : and so the Warden of the Fleet was advised to answer.
Citations:
[1687] EngR 595, (1687) 2 Leo 41, (1687) 74 ER 342 (A)
Links:
Torts – Other
Updated: 02 May 2022; Ref: scu.395647