Swan v. Mulherin

Mr. Presiding Justice Shepard

delivered the opinion of the Court.

In an action of trespass de lonis asportatis, the plaintiff recovered a judgment for $165.40 against the'defendant in the Circuit Court, and, later, the defendant was arrested on a ca. sa. and confined in the county jail.

Upon an application, afterward made, the Circuit Court quashed the capias, and the sole question here is, was such action right.

It is conceded that the action of the court in quashing the capias was based upon the act, approved June 17, 1893 to be found in the Laws of 1893, p. 96 (State Ed.), entitled, and as…