Page:United States Reports, Volume 2.djvu/50

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@4 Casas ruled and adjudged in the r788. ment, the property for the benefit of all Layer': creditors; VVV 5:lthat,altltoughlni';a;a£tor alien, rn,..mrr.,.’an.»?;°”.¤*g».t.. JM, .. $,..%’§é¤». wluch it fold; but that certainly, at ofththefale, it was notthe property of and if not in e aflignees, - itmulthavebelongedtgdlgvirtueofforrnefpeciallien: ilgzghlrat, upon the whole, the plaintif was entitled to recover, he was over to the allignees. Verdiél; for the Plaiutilf. Auguj? Sittings, 1 790. · Bowrm ·¤:r_/in- Doucuss. ` HE l’lainti&'hadtal¤erroutaf:•bpzua, retumal>letoD4·· I amber term lall, for two wimdpcfes, who lived in Mout- gmnyCounty· butas didnot nappear anattachment, direéted to the’Sherill·' otfbcilmgmuq County, ’was iiiired, re- turnable to the fucceeding March term ; when, likewife, delault . was made in the appearance of the witnelfes; and the caufe was continued on a rule for trial at the next term or Nm Pm. .A1r;lotlnerjirbp¢·pu had mplutxrlpturnable this dayikezn wbhthecauewasmar or ' 5 titprovedasine t l th ·ed'n writ:. ullirllertggitizi-cinicnlmltances, Ley, for the Plaintiili moved to poitpone the trial. He {lated (an it was mt denied IK the op- polite counfel) that an application on his part to take e depo- lituons of the wntneiles had been refufed: And he read a letter {‘.‘L'.‘I °*‘°.¤S{‘°'}°r°f¤i“’,"‘f£Z”».“"’ Z°..{."},$."t£".$§.'.`t¤’}Z`°'“*".,"Z." maeoerve a men s·acr· ficate from the doélors to prove that one of the witneilics was lick; and}; certiiicglte from gilinterelted credible peggrlp to prove t the o cr witn s was out o way. 1. . R . 2 r. Scbl . L: . _. zlldézm, fo:@‘l`)ef{1b:lrant, objeéted to the poltponement; and inliilcd, that the rule for trial, or Nm Pm, ought to-ipc epa- - cnc