Lowry v. Hately

The appellant sued the appellee in what, before the distinction between trespass and case was abolished, would have been counts in trespass for false arrest and counts in case for maliciously, and without probable cause, suing out a ca. sa., under which appellant was taken.

He had been discharged upon habeas corpus. There is now criticism upon the affidavit upon which the ca. sa. issued, as also upon the form of the order by which the circuit judge directed it. But whether the affidavit and form of the order were correct or not, were questions over which the judge who awarded the writ had…