At this stage of the proceedings, the Defendant Lockhart, is entitled to plead and to demand that issue be joined as to him. Let the motion be allowed.
1 From Johnston.
PRACTICE. — A capias is sued out against A. and B. and is served Oil A. An alias and then a pluries capias are issued against B. which are returned “ not found/’ A. shall be allowed to plead to the action, and the Plaintiff to come to issue as to him.
This was an action of trespass -oi el armis, and the capias had been served on Lockhart of the Defendants ; after which an alias and pluries capias issued against Scales the other Defendant, on both of which the Sheriff returned “ that Scales was not to be foundand thereupon Lockhart moved to plead to the action, and that the Plaintiff be compelled to come to issue as to him; which motion was sent to this Court; and
At this stage of the proceedings, the Defendant Lockhart, is entitled to plead and to demand that issue be joined as to him. Let the motion be allowed.