Ortman v. Dustin

By the Court,

Sutherland, J.

A motion has been made to set aside the capias issued in this case on the grounds—

1. That it does not sufficiently state the cause of action. The writ requires the defendant to be arrested to answer to a bill tiled in this Court against him by the plaintiff in a plea of trespass on the case “ for damages other than those arising upon contract.”

The practice in cases of capias shows some curious features that mark the successive steps taken in legislation for security against oppressive arrests.

At an early period in England a defendant might be arrested and held to…