Open main menu

Page:United States Reports, Volume 2.djvu/85

This page needs to be proofread.

Pbil•d¢g>bia Coursr or Cornron Pun. 79 l 4 ing given to the indorfor, in the prefentcafe, in a lhort time and two; within the cultomary period, after the drawer had made de- vvv ¤ fault. . - __ Tr-nt Couivr were of opinion, that the noticewas fullicient- ly proved to have been given within a reafonable time; and ` that it was, therefore; unnecelfary to make any remarks on the law, which had been fuggelted by the Counfel. ` Verdiét for the plaintilli ‘ Musrsnarancsn ve:-fu Ltorn. FOREIGN attachment ilfued againlt the defendant, rc- ‘ turnable to the fun: term typo, and in the vacation af- ter miler Term, fpecialbail was entered. At the prefent adjoumed Court, Hallowell moved for a rule to lhew caufe, wh the defendant {hould not be difeharged on common bail. gut Snrvrnz, Prgfdmt :-The obvious hardfhip of tying up property b foreign attachments, induced us to inveltigge the canfe o aélion, and to diilblve the attachments, if under fame circumltances, in the cafe of a Copier, common bail would be ordered. Thisauthority mnit, however, be exercifed by the Court; and, therefore, fuch cafes are always refered thither by _ a tingle judge. But even the Court will not exercife it, unlefs theapplication is made at the {irft term: And, oonlequently, the prefent motion is much too late. -—-n-7-;- D€C€fI1b€f' SCHEOIIS, I 790. ` g¤ Mrsns smfw Yotmc. _ IN this caufe, a Capia: had illued, and bail was given to the fherifl`; but on acitation to {hew the caufe of a£tion, Src. before Mr. Prgfdmt Surnsu, the defendant wasiordered to be difcharged on common bail. Before the citation, however, and without the ltnowled e of the defendant, the bail to the lherii? had entetedolynecial Eail at the Prothonotary’s oliice. But on motion Dallur, for the defendant, the Court di- reéted an Exomwtur to be entered. · _ ' Scrum;