Oliver v. Kallock

The issue involved in this case is the validity of the service of a capias writ. The presiding Justice dismissed the action for want of service, and to such ruling the plaintiff reserved exceptions.

*404It appears that the action was commenced by a writ of capias or attachment, which was intended to be served as a capias. Such use of the writ is optional with the plaintiff. Commonwealth v. Sumner, 5 Pick., 360. Spaulding’s Practice, 102. Pursuant to the command in the writ the deputy sheriff, to whom it was committed, arrested the defendant, whom he afterwards permitted to go at large to have…