
    John B. Wood vs. Alonzo F. Neale.
    A credi tor of a deceased insolvent, while attending a meeting of commissioners appointed by the judge of probate to examine claims against the estate, is privileged from arrest on civil process.
    Petition for a writ of habeas corpus. The petitioner averred that he was a resident of New Hampshire, and came to Boston solely for the purpose of attending a hearing before commissioners appointed by the judge of probate, to examine claims against the insolvent estate of a deceased person, at which hearing the claim of the petitioner as a creditor of the estate was specially assigned for examination and proof; that the hearing was begun and continued to the next day; and that a few horns before the time fixed for the adjourned meeting the petitioner was arrested on mesne process in an action of contract.
    
      R. H. Dana, Jr. contended that the petitioner was privileged from arrest;
    and cited Rev. Sts. c. 68, §§ 2, 3, 4, 15; Selby v. Hills, 8 Bing. 166; Arding v. Flower, 8 T. R. 534; Spence v. Sluart, 3 Bast, 89; Sanford v. Chase, 3 Cow. 381; Grover v. Green, 1 Caines, 115; Clark v. Grant, 2 Wend. 357; 1 Greenl. Bv. § 317; 3 Phil. Ev. (N. Y. ed. 1849) 374.
    The court granted the writ; and the officer who had arrested the petitioner made a return, admitting the facts stated in the petition, and submitting himself to the judgment of the court.
   Thomas, J.

On the presentation of this petition, the court entertained some doubt whether a hearing before commissioners of insolvency appointed by the judge of probate on the estate of a deceased person was of such a nature as to afford a creditor attending it protection from arrest. But upon the authorities cited, we are of opinion that the protection extends to all legal tribunals of a judicial character, whether strictly courts of record or not, recognized by the laws of the State, and having power to pass upon the rights of persons attending them.

Prisoner discharged.  