Majority
p. 654Shuter against Hallet. on an affidavit by the plaintiff, stating his fear of losing his debt, from the circumstances of the defendant, moved to have the amount recovered brought into court. cited Hallet v. Cotton, ante, p. 11, in May term last.
Headnote
After verdict, and certificate of probable cause granted, the court will not order the amount of the sum recovered, to be brought into court.A verdict had been obtained, in this cause, against the defendant, on which a case had been made, and a judge’s certificate of probable cause duly granted.
D. A. Ogden,
Pendleton, contra,
The practice of the court has never been according to the application. It would be often oppressive,
p. 655
and amount to a denial of right, as the defendant may not be able to comply with the condition, yet have a complete defence to the suit.
Motion denied.