Miller v. Gregory
Miller and M'Ewen against Gregory
Headnotes
Summary
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Opinion of the Court
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Per Curiam.
This makes no difference. We cannot look to see whether a long return may or may not work a long imprisonment. The form of the capias is the only thing in question. It is fully settled that mesne process against the body, returnable out of term, is void, and cannot be amended. The motion must be granted on the defendant’s stipulating not to bring fa se imprisonment.
Rule accordingly.
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Cited by 4 cases
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