Breckon v. Ottawa Circuit Judge

Relator was arrested on a capias ad respondendum, and, after giving common bail, moved to be discharged from arrest on the ground that hé had been previously arrested at the suit of the same plaintiff for the same cause of action. After the first arrest, plaintiff discovered what he took to be a defect in the proceedings, and ordered the relator discharged. The present writ was thereupon sued out. The former suit was not formally discontinued before the second arrest. The circuit judge returns that he found that the second writ was not sued out to harass or annoy the defendant, and upon this…