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2 Miles 164

Grant v. Potts

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1837-12-05

THE plaintiffs having obtained judgment against the defendants, issued contemporaneously, a fieri fiadas, and attachment-execution, and the sheriff executed both. obtained a rule to show cause why the execution of the fieri facias should not be set aside.

Decided 1837-12-05

Per Curiam.—

¶1We decided in Davies v. Scott, (ante 52.) that the plaintiff might issue a capias ad satisfaciendum, fieri facias and attachment of execution simultaneously, but that one only could be enforced, and that if more than one of these writs should be served, the defendant might elect which should stand, and that the other, or others, should be set aside. Here the defendants have elected that the attachment-execution should remain, and have asked that the service of the fieri facias should be set aside. The rule must be made absolute.

¶2Rule absolute.

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