Peters v. League

Tuck, J., delivered the opinion of this court. The evidencie shows, that the process of attachment was, in fact, served on the appellant; there is therefore no jurisdiction for enjoining the execution, on the ground of surprise, in obtaining the judgment of condemnation. He might have made ail proper defences before the justice of the peace. We cannot, on this appeal, inquire into the authority of the justice who issued the warrant against Luke League, on which the judgment was rendered against him; and which is said to have been the basis of the attachment laid in the hands of the appellant.

The validity of that judgment cannot be assailed collaterally in the present proceeding. It-is supposed, that the appellant was privileged from the sovvice of the attachment; and especially while in the actual discharge of his duties as a member of one of the councils of Baltimore. If this be admitted, it will not follow that the party can obtain relief in the way proposed. Service of process on a privileged person is not void; it is treated as an irregularity, even in cases where, under the process, a party may be held to bail.

It may be waived by a trial or confession of judgment; and this shows that it does not avoid the proceedings, for what is a nullity cannot be cured. There are many cases in which the exemption has been claimed by plea, or motion, in the particular case; but none, as far as we are informed, where equity has interfered by injunction. In Prentis vs. Commonwealth, 6 Rand., 697 , where the subject was examined with care, on the application' of a member of the Legislature, it is said: “We are satisfied