¶1But,
¶2—The practice has been long settled under this act. Unless it is a suit on a recognizance, or for a fine actually due to the State, we cannot take up a mere fictition, to defeat a positive privilege.
¶3The writ quashed.
1 Dall. 310
Hudson v. Howell
Supreme Court of the United States
Decided June 15, 1788
Supreme Court of the United States · decided 1788-06-15
TRESPASS vi et armis. Capias returnable to this Term. Howell moved to quash the writ, the Defendant being a Freeholder. Millegan objected that this was a case excepted by the act; a fine being due to the Commonwealth, upon the Judgment capiatur pro fine, in actions vi et armis.
Good law ✅— No negative treatment on recordhow we know
Decided 1788-06-15
How this case has been cited
Cited by 3 later decisions — most recently August 1956
2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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