Swain v. . Oakey

The motion for arrest of defendant is based on O. S., 768, subsec. 1, which is as follows:

“The defendant may be arrested as hereinafter prescribed in the'following cases:

“1. In an action for the recovery of damages on a canse of action not arising out of contract, where the defendant is not a resident of the State, or is about to remove therefrom, or where the action is for injury to person or character, or for injuring, or for wrongfully taking, detaining, or converting real or personal property.”

In the present case the order of arrest is founded on an action for injury to character —…