¶1thought that the record not being before the court, *no act could be done until the term arrived in the Supreme *149] Court, to which the record was remitted ; and that the words “as otherwise,” in the clause, comprehended the present case. He felt himself constrained by the words of the law.
3 Yeates 148
Daintry v. Johnston
Decided March 15, 1801
Supreme Court of Pennsylvania · decided 1801-03-15
Mr. M. Levy proposed a point of practice for the decision of the court. This cause had been removed to the High Court of Errors and Appeals, and the judgment had been there affirmed. The doubt at the bar, was whether a scire facias could issue on the recognizance, entered into before the taking out of the writ of error, previous to the term in the Supreme Court, to which the record was remitted. He observed, that under the 17th section of the act of 13th April 1791, (3 Dali.
Decided 1801-03-15