Runo v. Rothschild

This action was commenced by capias ad respondendum. Upon his arrest defendant moved to quash the writ and dismiss the suit; one ground of the motion being that plaintiff’s affidavit for the writ stated his claim arose out of partnership relations with defendant and, therefore, his remedy is by way of an accounting and not an action at law and the arrest of his copartner. The motion was granted, the writ quashed and the suit dismissed and plaintiff has brought the case here by writ of error.

The parts of plaintiff’s affidavit for the writ, bearing upon the relations of the parties, follows:

“Tha…