From Johnston.
Practice. A capias is sued out against A and B and is served on 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.
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.
Cited: Dick v. McLaurin, 63 N.C. 187.
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