Cady v. Edmonds

W. F. Allen, Justice.

It is objected, on the part of the plaintiff, that the defendants’ cannot now move to vacate the order of arrest, for the reason that judgment has been perfected, ’ and they have been charged in execution. But they have taken no steps in the cause since their arrest, affirming or recognizing the validity of the order. They gave bail to the sheriff, to " procure their discharge from immediate custody; but thi§'did.v not estop them from subsequently questioning the righfof Jhé"* *198plaintiff to the order of arrest. The only restriction to the right of the defendants to move to…