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1 U.S. 397

Weaver v. Lawrence

Supreme Court of the United States

Decided December 1, 1788

Supreme Court of the United States · decided 1788-12

Decided 1788-12

¶1Inquisition.

¶2Where an inquisition upon lands, under a fi. fa., has been quashed for irregularity, the sheriff may proceed to hold a new inquest, after the return of thefi. fa., without a new writ.

¶3There had been a levy upon lands, by virtue of a fi. fia. 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 quashed.

¶4It then became a question, whether a new fi. fa. must be issued; or whether the sheriff might proceed, after the return of the former writ, to take a new inquisition, without further process ?

¶5Shipper, President.

¶6I cannot perceive anything in the act of assembly which precludes the sheriff from holding an inquest, after the return of the fi. fa. ; and I have always understood it to be the *practice to do so. pogQ The present inquisition, being quashed for irregularity, becomes a L nullity, and leaves the case just as if none had been taken.(a)

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