The Sun.
London, England, 1848-02-01 00:00:00

ATTORNEYS NOT AMENABLE TO

COUNTY COURTS.

IMPORTANT DECISION OF LORD DEMI AN.

A case of very considerable importance, involving
the power of the county courts to claim any jurisdic-
tion over the persons of attorneys, has just been de-
cided by Lord Denman, hi a case in which Mr.
Thomas Jepson Wagner, an attorney at Banbury, had
been sued in the county court of that town, and in
default of complying with the judge's order an attach-
ment had been issued out against him. Mr. Wagner
laid the particulars of the case before the Lord Chief
Justice of the Queen's Bench, who immediately issued
the following warrant, directed to the Judge of the
Banbury County Court, which has entirely settleiany
difference of opinion which might have existed as to
the power of thelCourt in this respect :
" Victoria, by the Grace of God of the United
Kingdom of Great Britain and Ireland Queen, De-
fender of the Faith. To the Judge of our County
Court of Oxfordshire, holden at Banbury, greeting :
Whereas, according to the custom of our court before
us at Westminster, hitherto used and approved of in
the same, the attorneys of our said court, whilst they
are prosecuting or defending suits and actions therein
for their clients, ought not, nor have they from time
immemorial been used to be compelled to answer be-
fore any of our justices or officers, or any other
secular judges whatsoever, upon any plea, plaint,
or demand which do not particularly belong to us
(pleas of freehold, felonies, a'od appeals excepted)
save only before us by writ of summons in our
said court. And whereas we have received, by
the complaint of Thomas Jepson Wagner, gen.
tleman, one of the attorneys of our said court before
us, that several evil disposed persons intending to
disqualify the said Thomas Jepson Wagner, have
issued forth and prosecuted out of our said county
court of Oxfordshire, holden at Banbury, one or more
plaint or plaints returnable before you in the said
court against Thomas Jepson Wagner, and therein to
arrest and detain him thereupon in suits which do
not relate to us, or to freehold, felonies, or appeals,
whereby the said Thomas Jepson Wagner is unable
to attend his said affairs as an attorney upon several
affairs and suits depending in our court before us,
which, if it be permitted, will manifestly take away,
and be not only i• derogation and diminutory of the
jurisdiction of our said' court and the liberty and
privileges thereof, but will also be of great detriment
to the said Thomas Jepson Wagner and his clients ;
and because we are willing that the jurisdiction, pri-
vilege:, and customs for so long time used and ap-
proved in our court before us should be inviolably
kept and observed, therefore we command you that
you desist from taking the said Thomas Jepson
Wagner into your custody upon any such plaint or
plaints ; and if the said Thomas Jepson Wagner be
detained in your custody upon any such plaint or
plaints, other than as particularly concerns us (pleas
of freehold, felonies, or appeals only excepted), that
then you discharge the said Thomas Jepson Wagner
out of your custody, and suffer him to go at large, as
you will answer the contrary at your peril ; and that
you inform the party or parties, plaintiff or plaintiffs,
in the plaint or plaints, that he or she may prosecute
his or their action or actions, suit or suits, in our
court, by writ of summons against the said Thomas
Jepson Wagner, if he, she, or they shall think it ex-
pedient to do so.
" Witness—T:lollAS Loan DENMAN, at West-
minster, this 26th day of January, in the year
of our Lord 1848."