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EWING v. MCNAIR, 2 U.S. 269 (1796)

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U.S. Supreme Court

EWING v. MCNAIR, 2 U.S. 269 (1796)

2 U.S. 269 (Dall.)


Supreme Court of Pennsylvania

December Term, 1796

Judgment was entered in this cause on the 1st day of September Term, 1796; and the plaintiff issued a Testatum Fi. Fa. to Allegheny County, founded on a Fi. Fa. to the sheriff of Philadelphia County, which was made returnable on the last day of September Term 1796, but had never been actually taken out, though it was minuted on the roll. The Testatum Fi. Fa. being levied on lands, E Tilghman now moved to set the writ aside, as being founded on a Fi. Fa. not legally or properly returnable.

But, by the Court: The present case appears manifestly to be included in the words of the act of Assembly, which declares, 'that the last day, as well as the first day, of every Term, shall be a common day of return in this Court, at either of which periods any writs, original, mesne, or judicial process, &c. may be made returnable; and that the writs and process returnable on the last day of the Term, shall be as valid and effectual in all cases, and to all intents and purposes, as if the same had been made returnable on the first day of the Term,' 3 State Laws p. 770. Dallas's Edition.

We do not mean, however, to give any opinion at this time, as to the effect of such a proceeding in charging bail, or levying upon lands, within the county, in which the judgment was rendered.

Rule refused.

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