Shoemaker v. Shirtliffe (C. P. Phila. Cty. 1785)

by Supreme Court of the United States

SHOEMAKER verʃus SHIRTLIFFE.

T

HE defendant had executed a bond, with warrant of money to confefs judgment to the plaintiff. The bond was payable on the 1ft of September 1785 ; but there no provifion for a ftay of execution, till that time, inferted in the warrant of attorney. The plaintiff iffued a Fi.ƒa. before the 1st of September, and Dallas for the defendant, moved to fet it afide.

the court were of opinion, that the warrant of attorney reciting the bond, was only an inftrument fufervient to it ; and, confequently, that the execution could not be iffued, till the time given for payment was expired.

The exectuion fet afide.