1787-11-13 (static/transcriptions/1787/11/314.jpg)

shall be a Trespasser.

Whether an Action on the case will not lie against the Plaintiff who commences a suit in an inferior Court, knowing the cause to arise out of the Jurisdiction of the Court, may be of an consideration, but that is not now the question. But I can in no wise satisfy myself that an action on the case will lie meerly for that and nothing more, because it is a Proceeding in a Course of Justice, where the Court prima facie hath Jurisdictiion unless it be ousted by the Defendant’s Plea: And if the Defendant will not take advantage thereof it is never afterwards to be avoided.
An Action was brought by an Attorney for commencing a Suit against him in an inferior Court, knowing him to be an attorney of the Common Pleas, and not sueable in the inferior Court, but it was held in the Time of the Lord Hale, that the action did not lie, for he would not it may be insist on the Privilege, and if he would, he might have pleaded it, and had it allowed him. And so in this case perhaps the Defendant might
submit