Null v. Staiger

Opinion by

Mr. Justice Maxey,

Plaintiff has appealed from an order of the court below refusing to set aside service of a writ of capias ad respondendum and to quash the writ, but discharging the defendant on common bail and thus releasing his surety who entered recognizance for appellant’s benefit. The suit is in trespass for appellee’s alleged negligence in so operating an automobile in Mifflin County, where appellant resides, as to cause the death of his minor son. Appellant commenced the action on May 19, 1938, by filing an affidavit of cause of action, whereupon a capias ad respondendum…