Page:United States Reports, Volume 2.djvu/217

 Severus Coun or Pmiyjloania. 211 ii I can form, upon the whole, is in favor of the plaintiff} on this r 7 queflion alfo. S1-rrrmzn and Ysnes, jryliozr, concurred with the Cr-mrs JUSTICE in the firll: point 5 but differed from him in the fe- 3 cond point. ` Bnmroan, _7:y?i::, concurred with the Cures JUSTICE in _ both points. ` · Wautca at aL wiju Grass et ol. Garnilhees. FOREIGN attachment ilfued in the Common Pleas of bah A Pl:ilad:@l:ia, returnable to Marc}: Term, 1788, at the. uit of the plaintiffs againfl _7¢pb Waldo, and the defendants were furnmoned as garnilhees. judgment being entered at the third Term, a writ of enquiry was executed, and the fum of £3,778 9 9 was found in damages. A Soir: Facia: was, thereupon, iffued againli the garnifhees, returnable to Marc}: Term, 1789 ; but the caufe was removed into this Court by a writ of Certiorari, retumable to july Term, 17895 and was tried on the 24th of Sepumber 17905 when the ]ury found a verdiél for the plaintiffs for £ 1,204 I2 4 1-2 5 and, at the in- fiance of their Counfel, added the following words at the bar, which the Court direéted to be entered in the Record,—“ being “ exclulive of certain outltanding debts, and exclulive alfo, “ of a bond for 5 10,000 from the garnifhees to Waldo, dated “ the 17th of owmbzr 1786, and payable the 17th of No- “ vembzr, 1790 5" which bond was admitted in the garnifhees’ anfwers to interrogatories filed by the plaintiiii On this ver- rlifl, judgment was entered generally; and, the time for pay- - ing the bond having elapfed, a Soir: Forint, returnable to ju- nuary Term, 1792, was ilfued upon the judgment, requiring the garnilhees to fhew caufe why execution fhould not iflue for the amount. ‘ The queliions ariling upon thefe faéts were fubmitted to the Court, upon a motion to qualh the Soire Faoiar, which was ar- . gued by Cox, Rawle, and Dollar, for the garnifhees ; and by bzgeipll, Lc·wi.r and M *Keau, for the plaintilis. For ilu: garn_%m it was contended, rfl, That no verdict, or judgment had been given for the bond 5 in refpeéi: to that, as well as to the outltanding debts, the language is exolgdw 5 and what is excluded cannot be included. Where there is no vcrdiét, there can be no judgment 5 for, the conlideratron of the Court is on the finding of the Jury : A judgment mult be war- ranted by the verdi@c. A verdiét is void in all cafes where it finds the matter inilfue, by way of argument. 5 Com. Dig. D dz Tir.

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