Post v. Van Dine — 1 Cole. & Cai. Cas. 109

Majority

p. 109

Post v. Van Dine.

Headnote

WRIT returnable April term last; declaration filed 6th of May; 11th of June notice of bail; 13th, exception filed ;. on the 11th of July the rule for bringing in the body had expired, and the plaintiff refused to accept of additional bail unless they would justify; on the same day notice of the second bail was given, and an offer made by the defendant to deposit a sum of money to the full amount as security. Two more bail were then put in, with notice of justification on the 19th of July, but they now justified in open court. The defendant also swore to merits.

On the above statement of facts a motion was now made for an attachment against the sheriff. Sellon’s Practice, 214. was cited to show that where a trial is lost, an attachment is to go and to remain as a security; vide to the same point, 4. Durn. & East, 352,

p. 110

On the other side it was said, the case in Scllon was where an attachment had already issued.

Eacker, for the plaintiff.

Walton, for the defendant.

At the last circuit, there was'no time to try a junior cause, so that no trial has in reality been lost. As the defendant has sworn to merits, and as money to the full amount, in lieu of bail, was tendered on the 11th of July, and refused, and as bail has since justified, this motion must be denied, but on payment of the costs of the rule to show cause and of the motion, by the sheriff.