Stinson v. Smith

Corson, J.,

The plaintiffs seek to recover from defendants upon a suit alleging trespass committed by defendants upon plaintiffs’ real estate. The plaintiffs filed a praecipe for a writ of capias, together with an affidavit to hold to bail. Upon this affidavit the president judge of this court allowed a capias, fixed bail in the amount of $2,500 as to the defendant Smith, and required no bail as to Sell.

It now appears that Smith resides in Philadelphia County, and the sheriff refuses to deputize the Sheriff of Philadelphia County to serve the capias upon Smith. The plaintiffs therefore bring…