Page:United States Reports, Volume 1.djvu/88

 

HIS action was commenced returnable to the enuing term, and now, Augut 6th, previous to the return of the writ, the plaintiff moves for a pecial court, under the new act, for granting pecial courts to plaintiffs.—Lewis and Ingerol for the plaintiff—Wilon and Wilcocks for the defendant.

denied the motion, the defendant not being in court, nor the action depending for this purpoe, till bail filed, or an appearance entered.

Ingerol in arguing on the expreion in the lat act, “action depending,” took this ditinction—Where the original writ is purchaed out of Chancery, the uit cannot be aid to be depending until the return; becaue the writ gives the juridiction, and before the return, the court does not know the caue.—This is the cae in

longing