Leigh v. Alpaugh
Supreme Court of New Jersey
This was a motion to quash a capias, because returnable in vacation, and to set-aside all proceedings had thereon.
1Opinion of the CourtPotts, J.
In this case a capias ad respondendum was sued out by Alpaugh against Leigh, tested the first Tuesday in •June last, and made returnable on tho third Tuesday in August thereafter, upon which the defendant was arrested, and *630executed a bail bond to the sheriff. On the return day of the capias he entered, into recognizance of special bail, and perfected an appearance in form. On the twenty-fourth of August the plaintiff filed his declaration, and on the eighteenth of September the defendant filed his plea of the general issue with the usual affidavit. And now,t this being the first term of this…
2Cases cited2 opinions
- Parke v. Heath & M'CotterNew York Supreme Court · 1836
- Brown v. J. & T. SimpsonSupreme Court of Alabama · 1831