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Page:United States Reports, Volume 2.djvu/275

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Surname Courr or lPem6,;,,,,,,;,,_ _ '—_— to be remanded. The evidence Cm ¤¢V•: ahefk the judgments; l796. X nor be admitted, on apy other occalion, i, maintain the Pa,-aa, •_,,,._; al interell of the vritn s. Lethim be fw,m_ Arm along oppoiition, however, the pcnioner was difehatg. ed. M•K.·au, Dalia: and S. Levy for the petitivac,-_ M_ LM., Hallowell and Tlmma: for the creditors. Ewme 1::%: M·Naut. UDGMENT was entered in this caufe on the tnday 0; My September Term, 1796 ; and the plaintilf iilited a _&.g,,,,m, ` Fi. Fa. to Allegheny County, founded on a Fi. Fa. to th·.{hc_, _ riff of Pbiladzhbbia County, which was made returnable on ~ha lall: day of September Term I796, but had never been aeluq taken out, though it was minuted on the roll. The Tg/lutum 1*2:. being levied on lands, E Tilglmum now moved to [et the. writ alide, as being founded on a Fi. Fa. not legally or pro- ¤‘ perly returnable. But, av rm; Comer :—'1‘he prefent cafe appears manifellly to be included in the words of the aét of All`embly, which de- clares, •¢ that the lall: day, as well as the lirlt day, of every Term, {hall be a common day of return in this Court, at either of which periods any writs, original, mefne. or judicial procefs, &c. may be made returnable; and that the writs and procefs returnable on the lall day of the Term, {hall be as valid and el`- feéiual in all cafes, and to all intents and purpofes, as if the fame had been made returnable on the lirll: day of the Tetm,’_’ 3 Slut: Law: jr. 770. Dal/u.r’.r Edition. We do not mean, however, to give any opinion at this time, as to the eifeft of fuch a proceeding in charging bail, or levying upon lands, within the county, in which the judgment was rena tiered. Rule refufed. · Mar:}