2 Walk. 75
Decided June 2, 1884
Supreme Court of Pennsylvania · decided 1884-06-02
292 Jan. Term, 1884. This was a case of capias in tresspass, in the case sur slander. Henry E. Wolfe, the plaintiff, on the 27, Apr. 1883, caused a capias ad respondendum to issue out of Common Pleas of Lan- • caster County, having first made and filed an affidavit, as required by the rule or court, and on the same day, John H. High, Sheriff of said county, returned said writ of capias ad respondedum, C„ C. et B. B. in the sum'of$20,000.
Rule discharged · Decided 1884-06-02
¶1The Supreme Court affirmed the judgment of the Court of Common Pleas, on the 2nd of June, 1884, in the following opinion :
¶2The act of 20 March, 1725, 1 Sm. Laws 164, P. Dig; 63 Pl. 47, lhas never been repealed. As it remains in full force it controls this 'case. The act rests on sound reason. In a civil action arrests should not be encouraged when ample security is otherwise given to the plaintiff for the collection of his claim.
¶3Judgment Affirmed.