
    Webb against Cleveland, one of the attorneys, &c.
    Where an attorney is sued in an inferior heUis,1priviieFest,thecause cannot he removed into this court by a cum causa.
    
    HENRY, for the defendant, moved that a procedendo be awarded in this cause, which had been removed from the court oi common pleas, by a writ of habeas corpus cum causa. From the return to the writ, it appeared that the defendant was procee^ed against in the court below, as an attorney of the court, and was not arrested, or held to bail.
    
      Henry contended that the defendant, being privileged from arrest, could not be considered as in custody, and could not, therefore, be removed by habeas corpus ; that the writ of habeas corpus cum causa removed the cause only when the body was removed. The proper remedy, in such a case, Was to remove the proceedings by certiorari. 1 Tidd, 335.
    
    
      Foot, contra.
   Per Curiam.

Take your rule for a procedendo.

Rule granted.  