Plowman v. Abrams

Plowman v. Abrams. Justice's court. After appeal from the judgment of a justice of the peace, and security duly given, if the appeal be not filed, the justice cannot issue execution against the original defendant, but must proceed against the bail. This was a certiorari to one of the justices of the city and county of Philadelphia, and the proceedings being returned, it appeared, that Plowman, the defendant before the justice, had appealed to the common pleas, and entered security, agreeable to the act of assembly; but on a certificate from the prothonotary of that court, that the appeal was not filed, the justice issued an execution against the defendant. * Dallas moved to quash the execution. JBankson and Ueatly opposed it. And— This case is provided for by the act of 1st April 1823, § 6 (8 Sm. Laws, 176), which authorizes the justice to issue on execution, if the appeal be not filed. [MAJORITY — Bv the Court.] Bv the Court. After appeal and security given, the justice cannot issue an execution against the original defendant, but must proceed against the bail upon the recognisance. Therefore, let the proceedings of the justice be set aside, so far as respects the execution, with costs.