Henegar v. Spangler

29 Ga. 217

• Court: Supreme Court of Georgia
• Decided: August 15, 1859
• Status: Published

Opinion

— Lumpkin J.

By the Court.

delivering the opinion.

The common law rule is recognized by the presiding Judge, that ordinarily the law exempts a party from arrest while going to, attending on, and returning from Court. But lie considered that the circumstances of this case were peculiar, and justified a departure from the usual practice. These litigants were citizens of Tennessee 5 they met in Georgia -, each sued out bail process against the other. Henegar succeeded in having Spangler arrested in vacation, and the Judge thought it but just that Spangler might have Henegar ■arrested during the Term, where he was in attendance as a suitor.

However right the thing was ip itself, and I agree with Judge Crook that it was so, still, inasmuch the law, as it stands, makes no such distinction, the exception will have to be grafted upon the common law principle, by th.e Legislature and not by the Courts.

We are compelled, therefore, reluctantly to reverse the judgment.

Judgment reversed.