Page:United States Reports, Volume 2.djvu/120

 rtg Cases ruled and adjodpd. in the tyoo. Brrrse Count:-Iris-anex¤aordir1ar;r:l»je¤‘1ion. to pw- •¤'V~-ceed from the. defendant, that he had notice before auexecu· tion iilited againlt him. The meafure was i liberal and indulgent. one ; and ought not to bedifcountenanced if in general prac- tree. `" judgment adirmed. . Ovsnsseas of .Coventr=y vzrfvr Ctnnrmcs. ERT-IOR.4RI to remove the record of proceedings before C juflice Bmgtbolomesw, to which the following return was made: “ on hearing the matters between the parties, I gave judgment for plaintiffs for a debt of 3Q,C u ith tg; cults: gcf A •_ -— of whichwas money _faid·defendant fued piainti _ for, before. ` ' Gr§i{b,_E[q, onaceount of fobn   Efq. and felf, ·‘· which thing he had no orders frpmus to do., and the remainder;} 8A` being the coils the plaintiffs paid-on faitLa§}ziq¤. Egegcution grantgd for faid_debt.and cofts to the plaintiff; 3 an;i_,the_ coIl:§_ aid them- ’ V l P Leuiir. andfvdzi cgcepted to thc judgnicsm th¤tJ¤¤i¤¤ Bm tbalsmew had undertaken to 'decide upon a matter, which had; previoully been _ deeidodby another jultiqe,. [{9r¤¢{/brd and $ujmqt._obje•‘led to go; into the merits of  ca e. Br True CoUn·r:—If theretum is falfe, the jufiice is liable to an aéiion, at the inilzance of the injured party : if he has _ aétedeontrary to juftice, an information will be granted againit him. But in thc prefent {tate of the bulinefs (though we highly difapprove of the interference of a juftice in any matter previ- oully decided by another jnltice) we mult take the cafe asiflat- ed upon the retum, without travelling into the merits of the o· riginal quefiion. ` judgment aflirmed. Vaxscrven onyirr Botrox. 50 RYYORJRI to remove the iudgrnent of a jultice of the ' . Peace. As cauli: for reveriing the judgment, LN] firew- ed, by the Dcl`cndant’s ailidavit, that the debt had been proved., before the Juflice by the Plaintill"s oath alone. Ha·wdI.objec· ted, that this was not fullieicnt, as the.Plaintili` might_ have {worn to his books; and, at all events, the exception to the judgment cannot be fupportcd by the merc..fLte»ving of the De- ° feadanfs allidavit., ` M‘K!snr

�