Majority
p. 423Anon.
Headnote
a rule order-Pfros<^ sheriff’s bond, glvenon served with an attachment, will not be fheqmrto^ie Post tile re-A motion was made on the first day of term for an order to prosecute the bond given by a sheriff for his appearance, on being arrested on an attachment for not bringing in the body of a defendant returned taken on a capias ; the sheriff not apr 7 u pearing when demanded. Cur. ad. vult.
At a subsequent day, Mr. Justice Sutherland delivered the opinion of the court, that the Revised Statutes, (vol. 2, 539, § 27,) did not require a departure from the practice of the court of giving a sheriff a day in term for his appearance subsequent to the return day of the attachment; arid that a rule ordering the prosecution of a bond in such cases would not be made until the quarto die post the return of the attachment.