Kibbe v. Deering

Opinion of the Court.

THE defendant in error issued his capias, not requiring bail, in an action on the case, against the plaintiff, and the sheriff returned thereon, “Not found, within my bailiwick.” An alias issued, and was returned, “No inhabitant of this commonwealth.” A pluries was next returned, “No inhabitant of my county.” The writ was thereupon ordered to abate by the sheriff’s return. On a subsequent day of the term, this order of abatement was set aside, and *245proclamation ordered, pursuant to the 25th section of the act entitled “an act to reduce into one the several acts for…