The circuit court set a hearing for late September, issued a capias
, or failure-to-appear, warrant and appointed counsel.
that when the grand jury returns an indictment or presentment, a capias
From these you may select for yourself and your country what to imitate, and also what, as being mischievous in its conception and disastrous in its results, you are to avoid" [Hoc illud est praecipue in cognitione rerum salubre ac frugiferum, omnis te exempli documenta in inlustriposita monumento intueri; inde tibi tuaeque rei publicae quod imitere capias
, inde foedum inceptu foedum exitu quod vites.] (Livy, praef.
The respondent did not pay and, in violation of a court order, did not appear for a payment review hearing, leading to the issuance of a capias
. On four occasions, bar counsel notified the respondent of the existence of the capias
Another officer on the scene told Colorado that he had previously responded to a domestic disturbance at the home and that, based on that prior disturbance, Garcia was wanted on an outstanding capias
. While on patrol a few days later, Colorado identified Beltran walking with her youngest daughter and a man, about three blocks from Beltrans home.
But now that the capias
ad respondendum has given way to personal service of summons or other form of notice, due process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend 'traditional notions of fair play and substantial justice.'" (citation omitted) (quoting Mihiken v.
in an action on several promises for goods sold and delivered; and upon a special capias
utlagatum a ship and other effects belonging to A.
(63) <<The whole of the matrimonial jurisdiction, the whole of the testamentary jurisdiction was, we know, specially regarded as a branch of canon law; but by its jurisdiction for correction of life, 'pro salute animae', it entered into every man's house; attempted to regulate his servants, to secure his attendance at church, to make him pay his debts, to make him observe his oaths, to make him by spiritual censures, which by the alliance with the State had coercive force, by the dread of a writ of capias
excommunicatum, to keep all the weightier matters of the law, not only judgment, mercy, and truth, but faith, hope, and charity also>> (W.
Bailey argues here that "indenture functioned both as a labor contract and a prima facie debt: Its promissory element was subtended by the logic of capias
ad satisfaciendum, the writ that allowed for the detention of the body of the borrower in the event of nonpayment" (9899).
(161) Examples for use of posse comitatus in cases of resistance of civil process included a Precept of Restitution, (162) and Writs of Execution, Replevin, Estrepement, Capias
, "or other Writ." (163) The posse comitatus could be used to "to apprehend Felons, &c.