When an action is brought in the King’s Bench against an officer of the Common Pleas, what shall be a good plea of privilege to such action.
This was an action of debt against the warden of the Fieet for an escape, The defendant pleads that he is an officer of the Common Pleas, ratione cujus attendentia sua indies requiritur in that Court. To which the plaintiff demurs. Exception was taken to the plea, for that he does not say he does every day attend. But the Court took a difference between such officers, as in the case at Bar, whose attendance the Court have a right to virtute officii, and such officers, who attend only casually, as attornies and clerks to the prothonotaries for the first may plead such a plea as the present one, but the other must say, they do every day attend ; accordingly the Court gave judgment for the defendant.
Citations:
[1726] EngR 863, (1726) 1 Barn KB 1, (1726) 94 ER 1 (A)
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Updated: 05 May 2022; Ref: scu.379443