¶1The act of October 1778, ch. 21, s. 7, is very plain and explicit, that the stay of execution must be entered on the docket at the time the judgment is entered, in order to warrant an execution being issued thereon, without a scire facias, after a year and a day have expired. In this case the stays not having been so entered, the executions could not legally issue, and therefore the court quash the writs of fieri facias and returns, with costs,
1 H. & J. 488
Salmon v. Yates
Decided May 15, 1804
General Court of Virginia · decided 1804-05-15
A motion was made, and a rule obtained at the last term, at the instance of the assignees of the defendant, who had been declared a bankrupt, on the plaintiff, to shew cause at this term why three writs of fieri facias, (two of which were laid,) ought not to be quashed.
Decided 1804-05-15