Supreme Court of Virginia February 15, 1841 (Wynn v. Wyatt's adm'x)

Stanard, J.

I think the objection, that it does not expressly appear by the record that Wynn was a person against whom it was proper to commence the action by summons, is of no avail. The substitution of the summons instead of the ordinary process of capias, is a privilege given by statute to certain officers, when they are sued.