Weaver v. Lawrence

Weaver v. Lawrence. Inquisition. Where an inquisition upon lands, under a fi. fa., has been quashed for irregularity, the sheriff may proceed to hold a new inquest, after the return of thefi. fa., without a new writ. There had been a levy upon lands, by virtue of a fi. fia. issued in this case, returnable to the present term; and now, on Levy's motion, the inquisition, which had been held upon the value of the lands, was quashed. It then became a question, whether a new fi. fa. must be issued; or whether the sheriff might proceed, after the return of the former writ, to take a new inquisition, without further process ? [MAJORITY — Shipper, President.] Shipper, President. I cannot perceive anything in the act of assembly which precludes the sheriff from holding an inquest, after the return of the fi. fa. ; and I have always understood it to be the *practice to do so. pogQ The present inquisition, being quashed for irregularity, becomes a L nullity, and leaves the case just as if none had been taken. See McCormick v. Meason, 1 S. & R. 92; Miller v. Milford, 2 Id. 35.