Hickey v. Forristal

One Parkhurst was arrested on a capias ad respondendum, issued by Forristal, a justice of the peace, and executed by Keys, as city marshal of La Salle. Hickey, appellant herein, entered himself as special bail, and an execution was after-wards issued against him under the statute, upon a judgment rendered against Parkhurst. He then filed a bill in chancery to enjoin the levy of the execution, upon the ground that the city marshal had no power to make the arrest under the capias, as it was addressed “to any constable of said city.” The court below dismissed the bill, and the complainant brings…