Caldwell Advertising, Inc. v. Maloney

The writer of this opinion is constrained to dissent from the conclusions reached by the majority.

It is true, as stated in the majority opinion, that the defendant admits in the brief filed in this court that the writ of capias ad satisfaciendum had been properly issued. Nevertheless, an admission of that character does not prevent this court from making a determination as to whether all of the statutory requirements were complied with. This matter is particularly interesting to the writer because it is an anomaly existing in our laws in this enlightened age.

Up to the time when the…