Opinion
JUNE TERM, 1788.
TRESPASS vi et armis. Capias returnable to this Term. Howell moved to quash the writ, the Defendant being a Freeholder.
Millegan objected that this was a case excepted by the act; a fine being due to the Commonwealth, upon the Judgment capiatur pra fine, in action vi et armis.
The practice has been long settled under this act. Unless it is a suit on a recognizance, or for a fine actually due to the State, we cannot take up a mere fictition, to defeat a positive privilege.
The writ quashed.