Commonwealth v. Merrigan

JUDGE HARDIN

delivered the opinion oe the court.

The. appellee, indicted as a common gambler under sec. 13, chap. 42 of the Eevised Statutes, having pleaded “ guilty” as charged, was adjudged “ to make his fine to the commonwealth by the payment of fifty dollars,” for which a capias pro fine was awarded against him, which he replevied, with Fred. H. Wyman, his surety, and at the maturity of the replevin-bond an execution was issued thereon, which was returned indorsed “no property found.” Afterward a second capias pro fine was issued on the judgment, which on the motion of the defendant was…