Plowman v. Abrams

by Supreme Court of the United States

PLOWMAN verfus ABRAMS.

T

HIS was a Certiorari to one of the Juftices of the city and county of Philadelphia, and the proceedings being returned, it appeared, that Plowman, the Defendant, before the Juftice, had appeared to the Common Pleas and entered fecurity agreeably to the act of Affembly; but on a certificate from the Prothonotary of that Court, that the appeal was not filed, the Juftice iffued an execution againft the Defendant.

1788.

Dallas moved to quafh the execution–Bankʃon and Healty oppofed it.

And, by the court:–After appeal and fecurity given, the Juftice cannot iffue an execution againft the original Defendant, but muft proceed againft the bail upon the recognizance. Therefore let the proceedings of the Juftice be fet afide, as far as refpects the execution, with cofts.