Lar Process

Regular process is that which has been lawfully issued by a court or magistrate, having competent jurisdiction. Irregular process is that which has been illegally issued. When the process - is regular, and the defendant has been damnified, as in the case of a malicious arrest, his remedy is by action on the case, and not trespass; when it is trregular, the remedy is by action of trespass. If the process were wholly illegal or misapplied as to the person intended to be arrested, without regard to any question of fact, or whether innocent or guilty, or the existence of any debt, then the party imprisoned may legally resist the arrest and imprisonment, and may escape, be rescued, or even break prison; but if the process and imprisonment were would be highly punishable, however innocent the defendant might be, for he ought to submit to legal process, and obtain his release by due course of law. 1 Chit. Pr. 637; 5 East, R. 304, 308; S.C. 1 Smith’s Rep. 555; 6 T. R. 234; Foster, C. L. 312; 2 Wils. 47; 1 East, P. C. 310; Hawk. B. 2, c. 19,8.1& 2.