Yatter v. Pitkin & Miller

Scire facias against bail upon mesne process. The case was heard upon demurrer to the plea. The first question arises upon the declaration. It is insisted by the defendant that there is no allegation in the declaration, that the original writ issued as a cafias, citing the case of Read v. Lane, 61 Vt. 481. In that case it was alleged in the declaration that the writ issued in an action on the case, and the couft said that the action might have been assumpsit, which is a form of action on the case, and that in such actions a cafias could issue only in certain cases upon filing an affidavit,…