Girwood v. Carter

Stewart, P. J.,

This is a petition to show cause why the writ of capias should not be set aside, and to show cause why the defendant should not be discharged on common bail. An answer was filed to the petition denying some of the facts, but it cannot be considered. All the authorities show that upon this application we are confined to the affidavit of the cause of action which the plaintiff filed. The questions here involved are well stated by the learned counsel for the plaintiff in his brief as follows:

“I. Whether a writ of capias ad respondendum will be set aside in an action of trespass…