People ex rel. Pryor v. Lohman

JUDGE SCHWARTZ

delivered the opinion of the court.

Relator appeals from an order quashing’ a writ of habeas corpus and remanding him to the custody of appellees.

The facts are that the relator had been committed pursuant to a judgment entered December 23, 1955, on a verdict containing a special finding that malice was the gist of the action. In January 1956 a capias was ordered from the clerk of the court. Because of subsequent post-trial motions the capias was never placed with the sheriff for service. More than two months elapsed before the post-trial motions were disposed of, and the clerk of…