Arrest In Civil Cases
Defined in 1 dictionary — Bouvier (1839)
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
practice. An arrest is the apprehension of a person by virtue of a lawful authority, to answer the demand against him ina civil action. Arrests are made either on mesne or final process. 1. An arrest on mesne process 1s made in order that the defendant shall answer after judgment, to satisfy the claim of the plaintiff; on being arrested, the defendant is entitled to be liberated on giving sufficient bail, which the officer is bound to take. When the arrest is on final process, as a ca. sa., the defendant cannot generally be discharged on bail; and his discharge is considered as an escape. In Pennsylvania, a defendant on being arrested on final process, may give a bond, to be approved by an officer designated by law, with a condition that he will apply for, and take the benefit of the acts of insolvency or surrender himself to a, note; 3 Bl. Com. 288, n.; 113.) Sup. to Ves. Jr. 374; Wats. on ' Sher. 87; 11 East, 440; 18 E. C. L. R. 169, note.