Moore v. Morton

OPINION of the Court, by

Judge Trimble.

— It will only be necessary to consider the 3d assignment of error, which is that “ the judgment upon,, sustaining the demurrer to the plea to the writ, ought to have been (quod respondeat ouster) that the defendant answer over, &c. instead of a judgment in chief.”

Barnett Moore, who was defendant in the court below, and upon whom a capias ad respondendum requiring bail, had been executed in the county of Bracken, ancj bail taken of him for his appearance in Bracken circuit court ; after craving oyer ot the writ, pleaded a plea, in nature of a plea in…