Jones v. Orum
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester County. The defendant in error who was plaintiff below, issued a capias against the plaintiffs in error, who were defendants below, on the 21st of January, 1820, and caused it to be endorsed “ no bail Required.” The rule of the Court of Common Pleas governing the practice in such cases, is in these words: II.
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Error to the Common Pleas of Chester County. The defendant in error who was plaintiff below, issued a capias against the plaintiffs in error, who were defendants below, on the 21st of January, 1820, and caused it to be endorsed “ no bail Required.” The rule of the Court of Common Pleas governing the practice in such cases, is in these words: II. “When attorneys issue writs of capias against defendants, from whom they do not require bail, they shall mark their process with the words “no bail required,” which the prothonotary shall indorse on the writ; in which case the sheriff or his officer,…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant J.
Several errors in the proceedings below have been assigned in this court, which result in the question, whether the award against all the defendants was valid. The plaintiff proceeded originally by capias ad respondendum indorsed “ no bail required,” but it was not served according to the rule of court, the defendants not having subscribed a note in writing, empowering the prothonotary to enter their appearance, and therefore the return of the sheriff of “ cepi corpus, and the defendants discharged on common bail,” was nugatory, and did not…
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