Doty v. Colton

Plaintiff recovered a judgment in the Superior Court against defendant, in an action of assumpsit. Afterward, on the affidavit of the party for whose use the suit was brought, a capias ad satisfaciendum was ordered and issued, upon which defendants were arrested and committed to the common jail of the county, but, as the record shows, they have long since been discharged by order of the county court. Before defendants were discharged, they entered a motion to quash the writ of capias ad satisfaciendum, for the reasons set forth: First, the affidavit, in substance, was not sufficient to…