General

Woodman and others ads. Little

1 Cole. & Cai. Cas. 60·New York Supreme Court·1798·NY

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Opinion

Woodman and others ads. Little. THIS was a motion to set aside the proceedings on a scire facias quare ex. non and two nihils returned, bee- use there had not been fifteen days between the teste of the first, and return of the second sci. fa. In support of the motion was cited, 4 Durn. and Last, 583. It was contended in reply, that when proceedings in the original cause are by bill, four days are enough. 4 Durn. and Last, 663. Golden, for the defendant. Houston, for the plaintiff. [MAJORITY — Per Curiam.] Per Curiam. There must in all cases, be fifteen days between the testé of the first, and return of the second sci. fa.