Wibright v. Wise
Indiana Supreme Court
APPEAL from the Madison Circuit Court; The capias ad respondendum, in this case, issued by the clerk with the seal of the Court affixed, concluded as follows“ Witness Robert N. Williams, clerk of the Madison Circuit Court, and its seal hereto affixed at Andersontown, the 22d day of July, 1835.” On the second day of the term to which the writ was returnable, the defendant,—as his first step in the case so far as- the record shows,--^moved the Court to quash the writ on the-…
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APPEAL from the Madison Circuit Court; The capias ad respondendum, in this case, issued by the clerk with the seal of the Court affixed, concluded as follows“ Witness Robert N. Williams, clerk of the Madison Circuit Court, and its seal hereto affixed at Andersontown, the 22d day of July, 1835.” On the second day of the term to which the writ was returnable, the defendant,—as his first step in the case so far as- the record shows,--^moved the Court to quash the writ on the- single ground, that the clerk’s name was not subscribed at the conclusion of the teste. This motion was sustained. There…
1Opinion of the Court
Stevens, J.,
stated the points in the cause, and explained the nature of the original writ in England and the process founded upon it (1). He then proceeded as follows:
It may be observed that the common law doctrine as practised in England respecting process, is in the general applicable to our writs unless altered by statute; and that, therefore, mere errors in our writs are cured by the appearance of the defendant. But there is a distinction between errors that only render the process voidable, and defects that render it void. Simple appearance does not cure the latter. Process in England,…
2Cited by11 opinions
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- State v. NolandSupreme Court of North Carolina · 1933
- Collins v. NicholsIndiana Supreme Court · 1856
- Swift v. WoodsIndiana Supreme Court · 1839
- Commonwealth v. CornishSupreme Court of Pennsylvania · 1814
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