2 Miles 219
Pennsylvania Court of Common Pleas, Philadelphia County
Decided July 3, 1838
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1838-07-03
THIS was a capias ad respondendum, to June term, 1838, 402. The defendant having been arrested, obtained a rule to show cause of action, and why he should not be discharged on common bail. On the hearing of this rule, and the production of plaintiff’s affidavit, the court reduced the bail.
Decided 1838-07-03
¶1No application to set aside process or proceedings for irregularity will be allowed, unless made within a reasonable time; nor if the party applying has taken a fresh step with a knowledge of the irregularity complained of, and this rule applies as well to the case of a prisoner as to other persons. See the cases collected in Bagley's Practice 95-0.
¶2Rule discharged.