Hudson v. Howell

by Supreme Court of the United States

HUDSON verʃus HOWELL.

T

RESPASS vi et armis. Capias returnable to this Term. Howell moved to quafh the writ, the Defendant being a Freeholder. Millegan objected that this was a cafe excepted by the act ; a ƒine being due to the Commonwealth, upon the Judgment capiatur pro ƒine, in actions vi et armis.

But, by SHIPPEN, Preʃident.– The practice has been long fettled under this act. Unlefs it is a fuit on a recognizance, or for a fine actually due to the State, we cannot take up a mere fictition, to defeat a pofitive privilege.

The writ quafhed.