9 Johns. 216 | N.Y. Sup. Ct. | 1812
. An attorney, being defendant, cannot, by plea, waive or destroy his privilege, because the privilege is allowed him, not for his own sake, but for the sake of the court, and the suitors jn > If he renounces his privilege by mere absence from court, and business, how is the plaintiff to know that fact beforehand ? He can only judge from the record, and it is sufficient for him, the defendant is an attorney, proutpatet per recordum. This is the amount of the doctrine in the adjudged cases. (Gardner v. Jessop, 2 Wils. 42. Farrill v. Head, Barnes, 41.) If the de
Judgment for the plaintiff.