Majority
p. 190Joseph Grover v. Benjamin Green. that the defendant be discharged out of custody, on common bail, the plaintiff having abused the process of the court, but no notice had been given of the motion.
Headnote
THE defendant was attending a reference, under a rule of the court of common pleas for Cayuga, in a suit, wherein he was plaintiff, and the present plaintiff defendant, when he (GreenJ was arrested by Grover, on a writ out of this court.Emott moved for a rule,
By this means any body may get himself discharged.
Emott. If the affidavit be false, the party may be indicted for perjury.
Per Curiam. But the plaintiff may lose his debt. Take a rule to show cause the first day of next term, why he should not be discharged, and in the mean time, let proceedings be staid.