1784.
Hagner verſus Musgrove.
The plaintiff having had a verdict in the abſcence of the defendant, and having agreed to withdraw it, and ſubmit to a referrence, three perſons, nominated by the Court, accordingly met. Upon entering into the caſe, the parties, who were preſent, began a warm altercation, which proving troubleſome to the referrees, they ordered the diſuptants to withdraw, and called the witneſſes one after another, examining them ſeparately out of the hearing of both plaintiff and defendant, and finally reported in favour of the former.
Theſe facts being eſtabliſhed, the report was ſet aſide, on motion of the defendant’s counſel.
Levy for the plaintiff.—Lewis for the defendant.
Snowden Aſſignee verſus Hemming.
In an action of debt upon a bond, judgment being obtained, and execution iſſued, Wilcocks moved to ſtay proceedings upon this ground; that, though the bond was dated in June, the conſideration, for which it was given, aroſe before the 1ſt of March 1781; and therefore, he contended, that his client was within the protection of the Act of Aſſembly passed the 27th of December 1784, which entitles a defendant to a ſtay of execution, for a certain time, upon tendering the intereſt and coſts to the ſheriff.
Bradford, for the plaintiff, was prepared with an affidavit to controvert the facts advanced in ſupport of the motion; but he forbore reading it, and inſiſted that the Court could not travel into a conſideration of the tranſactions for which the bond was given.
By the Court:—It would occaſion infinite trouble and conſuſion were the defendant’s doctrine to be admitted, and it is impoſſible to ſay where the miſchief would end. It is true, that before a jury, proof may be made of the conſideration, and of the time of delivering a bond; but this Act of Aſſembly which, in particular caſes, grants a delay of execution to the defendant, upon the tender of the intereſt and coſts, muſt, ſurely, at the ſame time, recognize the written inſtrument as conclusive evidence of the contract; and we can enquire no father.
Wilcocks took nothing by his motion.
