Pennock v. Fuller

Pennoclc sued, out a capias against Fuller and one Janes, on which Fuller was arrested and released on habeas corpus. Certiorari is now brought to review the proceedings whereby he was discharged.

The affidavit on which the writ issued was made under § 5734 of the Compiled Laws. The only ground which was invoked under that section was that defendants were guilty of “some misconduct or neglect in office, or in some professional employment,” and that the contract liability was thus incurred or complicated. This is the section on which plaintiff’s counsel rely.

The affidavit sets up the liability…