| Mass. | Mar 15, 1814
It appearing, by the return of the respondent, that the person was not in his custody, nor within his control, at the time of the service, the writ is without effect. It will be time enough to hear evidence of facts in the case when the party is brought before us. Until then, we can take no order upon the subject. The return must be taken for true,
Motion overruled.
Vide United States vs. Timothy Green, 3 Mason, 482