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Page:United States Reports, Volume 2.djvu/81

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Pwulelpbia Coun or Cornrou Pans. gg I the action was inllzituted, determined to take advantage of the ryyg. . I defalcation. 'I`he a& of Afembly meant only toimpo e cells on VW/¢_ the plaintiff 5 where the defendant aélually owed no more than {sfo, at the time of hringingthe action ; which was not the cafe _ ore the Court. 1 Dall. Rep. go8. ofgn gage 1 ub ofS¢p¢mber, the Prelident delivered the opinion e nrt. St-tmum, Pryfdeut: 'I`he queltionto be decided is, which of the parties lhallpaymthe coils, the plaintiff having recovered lefs than ten pounds. e [5 at} provides, that where the per- fon fuing {hall obtain a verdiél or judgment for debt and dama- _ gcs, which, without coils of fuit, {hall not amount to more than [5. (not having filed an oath or allirmation, before the _ of the writ, that he truly believed the debt due, or damage l` - . tained, exceeded that fum) he lhall not recover any colts. The a£t extending the y)i;ril'di&ion of ]`ulticesto cafes not exceeding £roreferstoallt rovilionsof thepreceedin law. -_ The intent of the hegllaturewas to preventtie brin ' gac- • tions in this Court, for btswithin the cognizance of th': ]uL tioes, by impoiing the payment of coils on the plaintill, unlefs ‘ he had previoully filed an ailidavit, that he believed his demand exceeded the fpccified fum. This provilion, however, muft he confined to the plaintilPs own demand, and not extended to the cafe of fet-olfs, which the defendant may, or may not, at his pleafure, defalc. _ The demand in the prefent cafe, was olteulibly above £ to ; though it was `in the power of the de- fendant either to reduce it, or not, by fetting up his counter claim; The plaintiff could not, therefore, fue before a jullice, beeaufc the defendant might there lie-by ; and if afterwards · he was liable to be defeated in the Common ,Pleas, he iould, in faét, be punilhed in coils, for reforting to the only Court, ` · in which his a£tion could be maintained. Wherever, therefore, an aélion is brought for a debt above £ 10, and the amount is reduced below that fum, by a fet oil] we · think the plaintiff ought not to be charged with the coils. . Judgment for plaintiti, with coils. Howsu., ct al. twjiu Wootronr. N this cafe the iherilf had levied on a houfe and lot by virtue I of a E. Fa.; and an inquell was held, which declared the rents ofthe ellate fuliicicnt to pay the debt in {even years: but in the return to the Fi. 1*}:. it was {lated, that the defendant had ‘ onl a life ellate in the' premifes. r Stat: Law:. p. 6. 4g. go. (gn a motion made by S. Levy, to qualh the inquell, the point fubmitted to the coulideration of the Court, was, whether an inquelt ought to have been helegan a life ellate, under the 2 ‘ · v