Neal v. Mills

Assumpsit. On a motion to quash the writ by Neal, the defendant below, the following facts were proved, viz. “On the 15th of August, 1838, Mills, the plaintiff below, caused to be issued a capias ad respondendum against the defendant and one Cook; the writ was delivered to the sheriff on the same day, and on the next day, no service having been made, the plaintiff procured the clerk who issued the writ to strike from it the name of Cook, the sheriff consenting thereto; the process was afterwards served upon the defendant; the declaration is against him alone. The Court overruled the motion.'…