2 Miles 101
Pennsylvania Court of Common Pleas, Philadelphia County
Decided May 27, 1837
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1837-05-27
THIS was a scire facias in a recognizance of bail for stay of execution. After judgment, the defendant pleaded his freehold for a stay of execution against him. Plaintiff issued a fieri facias and this was a rule to set it aside. contended that under the act of the 18th June, 1836, relating to executions, (Stroud’s Purd. lit. Executions,) there may be bail, and a cesset execuiio in an action of this kind,
Decided 1837-05-27
¶1The act did not intend to give a cesset in such a case. If it were otherwise, the plaintiff in certain cases would be delayed in collecting his debt, even although the plaintiff had already been put to the disadvantage of one stay of execution allowed by the act. The practice has always been as stated.
¶2Rule discharged.