Corlies & Corlies v. Holmes & Robinson

By the Court, Bronson, J.

The statute undoubtedly extends to all writs, whether original or judicial, and to every warrant or •summons, by which a man is called into court to answer in a civil action as a party ; and to executions against the body ; and it makes no difference whether the process be bailable or not. But) although suits may now be commenced by the filing and service *682of a declaration, 2 R. S. 347, § 1, 2,1 am unable to say that this case comes within the prohibition of the statute. A declaration has never been regarded in the law as “ civil process.” It is not a writ or command,…