Majority
p. 89Douw vs. Burt.
Headnote
Leave to issU0 * new, execytion, where the first is lost, after levy and sale, will not be granted, but the°defendant°Motion to issue a new execution ; the execution issued in the cause having been accidentally lost, after a levy and sale ° J J of real estate.
„ denied the motion, notice of the application not having been given to the defendant; the court saying, that leave to issue a new execution, in such a case, is never granted but upon notice.