Weaver v. Lawrence 1788

by Supreme Court of the United States

WEAVER verſus LAWRENCE.

T

had been a levy upon lands by virtue of a Fi.ƒa issued in this case, returnable to the present term; and now, on Levy's motion, the inquisition, which had been held upon the value of the lands, was qualified.

It then became a question, whether a new Fi.ƒa must be issued; or whether the Sheriff might proceed, after the return of the former writ, to take a new inquisition without further process?

SHIPPEN,Preſident.– I cannot perceive any thing in the act of Assembly which precludes the Sheriff from holding an inquest after the return of Fi.ƒa ; and I have always understood it to be the practice to do ſo. The preſent inquiſition, being quaſhed for irregularity, becomes a nullity, and leaves the caſe juſt as if none had been taken.