Weaver v. Lawrence 1788

by Supreme Court of the United States

WEAVER verʃus LAWRENCE.

T

had been a levy upon lands by virtue of a Fi.ƒa iffued in this cafe, returnable to the prefent term; and now, on Levy's motion, the inquifition, which had been held upon the value of the lands, was quafhed.

It then became a queftion, whether a new Fi.ƒa muft be iffued; or whether the Sheriff might proceed, after the return of the former writ, to take a new inquifition without further procefs?

SHIPPEN,Preʃident.– I cannot perceive any thing in the act of Affembly which precludes the Sheriff from holding an inqueft after the return of Fi.ƒa ; and I have always underftood it to be the practice to do ſo. The preſent inquiſition, being quaſhed for irregularity, becomes a nullity, and leaves the caſe juſt as if none had been taken.