Page:United States Reports, Volume 1.djvu/416

 

SUPREME COURT of Pennʃylvania:

January Term, 1789.

N the return of a Certiorari to one of the Juftices of Philadelphia county, it appeared, that the Defendant had been fummoned to anfwer tomorrow, that is, on the day  fucceeding the date of the fummons, for a debt under ƒorty ʃhilling ;  that the matter in difpute was then referred to three men, who reported the fum of Ł2.2.4. due to the Plaintiff; and that for the amount of this report, the Juftice had entered judgment with cofts.

Levy moved to reverfe the judgment–1ft, Becaufe the ʃummons was returnable on the next day, whereas the act of Affembly requires that there fhould be allowed a time not lefs than five, nor exceeding eight days. 1State Laws 204. And 2dly, Becaufe the fummons was to anfwer a debt under forty fhillings, and the judgment was for a greater fum.



OYLAN had entered a rule for trial at the laft term or Non proʃ.  The rule being continued ‘till this term, a plea was added, and particular facts referred ; and upon thefe a report had been made a few days before the day appointed for the trial of the caufe.

Lewis, for the Plaintiff, now objected to the trial's coming on; and Moylan infifted that he was entitled to a Non pros. But