¶1Upon the authority of which case, the CoüRt' permitted the plaintiff to take out his execution, leaving it open to a motion to quash, at its return. The Court also examined the following authorities: 2 Show. 235; Carth. 283; Comb. 232; 2 Just. 471; Co. Lit. 290 (b.); 2 Leon. 77, 78, 87; 3 Leon. 259; 4 Leon. 44; 1 Sid. 59; 1 Keb. 159 ; 6 Mod. 288.
1 D.C. 283
Phillips v. Lowndes
District of Columbia District Court
Decided December 15, 1805
District of Columbia District Court · decided 1805-12-15
The plaintiffs had obtained judgment against the defendant at July term, 1804. A ca. sa. was issued, November 8,1804, which was countermanded by the plaintiffs, and a fieri facias issued on the 21st November, 1804, which was also countermanded.
Decided 1805-12-15