1 Dall. 348
Supreme Court of the United States
Decided September 15, 1788
Supreme Court of the United States · decided 1788-09-15
RULE to shew cause why the Capias issued in this case should not be quashed, the Defendant being a freeholder. As the Plaintiff had delayed issuing process until within three or four days of the term, he could not issue a summons, (which, must be, at least, ten days before the return) but he had directed the Sheriff to accept the Defendant’s appearance, by an indorsement on the Capias.
Good law ✅— No negative treatment on recordhow we know
Decided 1788-09-15
Cited by 3 later decisions — most recently June 1929
3 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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¶1The Act of Assembly, expresly directs that the process, to be issued against a freeholder, shall be a Summons. Upon the writ which has issued in this case, the Defendant must be arrested before his appearance can be accepted; and it might hereafter be doubted, under our Act of Assembly, whether in submitting, even upon those terms, to the Capias, he has not forfeited his privilege to be sued by a Summons.
¶2The rule made absolute.