Page:United States Reports, Volume 1.djvu/345

334 

1788.


 * –The Legiflature before the Revolution prefcribed no rules for the Supreme Court ; but it is certainly vefted with the powers of the King's Bench and Common Pleas in England ;  and the practice has been, in general, governed by the fame law.  Hence, we find, that it was formerly thought neceffary to proceed by Teʃtatum in Pennʃylvana ; and although a contrary practice has lately obtained, it is without the opinion or fanction of the court.

We think, therefore, that this execution muft be quafhed ; and in every future cafe of the fame kind, let a Fi.ƒa. be filed in the Supreme Court, with a return of nulla bona; and then a term muft intervene before the Teʃtatum iffues, in order to fupport the fiction.

The Execution quafhed.

RESPUBLICA 