GEYER'S v. Irwin
Cases that cite this one
16 later published cases cite this decision. The 15 that cite it most often are listed here.
- Board of Supervisors v. Davenport & Co. LLC (Va. 2013)
- Petrie v. Fitzgerald (New York Court of Common Pleas 1864)
- Espinosa Sr. v. Andrew C. Metcalf (District Court, D. Massachusetts 2023)
- Schwarz v. Thomas (D.C. Cir. 1955)
- Long v. Ansell (Supreme Court of the United States 1934)
- Miner v. Markham (U.S. Circuit Court for the District of Eastern Wisconsin 1886)
- Merrick v. Giddings (D.C. 1879)
- McMicken v. Commonwealth (Pa. 1868)
- Townsend v. Jemison (Supreme Court of the United States 1849)
- Weinberger v. Shelly (Pa. 1843)
- Anderson v. Rountree (Wis. 1841)
- Botts v. Tabb (Va. 1840)
- Botts v. Tabb (Va. 1840)
- Botts v. Tabb (Va. 1840)
- Thompson v. Musser (Supreme Court of the United States 1789)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Geyer's Lessee
versus
Irwin.
Supreme Court of United States.
Ingersoll, for the plaintiff.
By the COURT:
A member of the general assembly is, undoubtedly, privileged from arrest, summons, citation, or other civil process, during his attendance on the public business confided to him. And, we think, that upon principle, his suits cannot be forced to a trial and decision, while the session of the legislature continues.
But every privileged person must, at a proper time, and in a proper manner, claim the benefit of his privilege. The judges *108 are not bound, judicially, to notice a right of privilege, nor to grant it without a claim. In the present instance, neither the defendant, nor his attorney, suggested the privilege, as an objection to the trial of the cause: and this amounts to a waiver, by which the party is forever concluded.
We are, therefore, unanimously of opinion, that the judgment cannot now be set aside, or opened.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.