
    Simon Price v. Reding Scales & Thomas Lockhart.
    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
   By the Court.

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.  