Blackstone she v Howard attorney sue in a foreign court and lie by for a long  time waive his privilege defendant be a attorney of common plea and be sue in  king ing bench by bill of privilege suppose he a attorney of this court which  his son actual be the plaintiff after serve he with notice of a declaration  and sign judgement by default find out his mistake but defendant son in order  to gain time assure the plaintiff that his father will take no advantage of it  which induce the plaintiff to stay two term in hope of receive his debt but  now on the plaintiff give notice to execute a writ of enquiry defendant move  to set aside the judgement for irregularity and upon show this whole matter  for cause the court think that by lie by so long the defendant have waive his  privilege n and therefore discharge the rule for show cause with cost Oliphant  case about ten year ago be cite for the defendant n for he ought to have take  advantage of that by plea in abatement the rule at that time be that where a  defendant attorney of one court be sue by process out of another court be must  plead his privilege in abatement and if arrest must put in special bail lane v  Sallmarsh salk mayor of Basingstoke v bonner stram she v Humphreys I will  Crosslee v shaw post but if be be arrest by process issue out of his own court  then he may be discharge upon motion and if arrest upon fill common bail  redmans she Mod lFheelers can I will but that distinction do not now exist for  if a attorney be sue in a foreign court such court will stay proceed or  discharge he on enter a common appearance without put he to plead his  privilege Tridds bring ed a attorney defendant waive his privilege when he be  sue by not claim it in due time Crosslee v shaw post and lose it when sue en  auter law gauge can hob Newton v Roland I salk ld raym or joint with his wife  Robarts v mason I taunt or indeed with any other person not have privilege  Branthwaite v blackerby salk even though the nature of the action be several  as trespass Pratt v salt Bac Abr privilege b but be do not lose it if be be  sue by bill joint with a person have privilege of parliament Ramsbottom v  Harcourt m S nor when sue as acceptor of a bill of exchange Comerford v price  I Doug nor when sue as a magistrate Duffi v oak taunt