Breckon v. Circuit Judge

To quash a capias issued in an action for libel, on the ground that it is the second issued for the- same cause of action, relator having been arrested upon the first.

Denied June 30, 1896, with costs.

The first writ was issued February 21, 1896, upon an affidavit sworn to February 20. Delator was arrested on the morning of February 21, but at one o’clock he was released by order of plaintiff who had discovered an error in the return day of the writ. On February 24, a new affidavit was filed setting up additional publications, and another writ was issued.

Relator contended that where a party has…