Majority
p. 397Weaver v. Lawrence.
Syllabus
Inquisition.Where an inquisition upon lands, under a fi. fa., has been quashed for irregularity, the sheriff may proceed to hold a new inquest, after the return of thefi. fa., without a new writ.
There had been a levy upon lands, by virtue of a fi. fia. issued in this case, returnable to the present term; and now, on Levy's motion, the inquisition, which had been held upon the value of the lands, was quashed.
It then became a question, whether a new fi. fa. must be issued; or whether the sheriff might proceed, after the return of the former writ, to take a new inquisition, without further process ?
I cannot perceive anything in the act of assembly which precludes the sheriff from holding an inquest, after the return of the fi. fa. ; and I have always understood it to be the *practice to do so. pogQ The present inquisition, being quashed for irregularity, becomes a L nullity, and leaves the case just as if none had been taken.[1]
(a) (a) See McCormick v. Meason, 1 S. & R. 92; Miller v. Milford, 2 Id. 35.