Page:United States Reports, Volume 2.djvu/218

 tra Casas ruled and adjudged in the 1793- *17:. “ Pli·nrIm·." ji 2*:. ad. That the bond, not being due, “(Y"could not be attached. 3 Lean. 236. Rall. Abr. 553. pl. 2. Cm. E. 713. 7 Vin. Abr. 229. pl. 2. 3. 4. 7 Vin. Ah-. r69. 189. 3d. That the Scire Facia: ought to have been brought upon the original judgment in the Common Pleas, and not upon the judgment in thisCourt. Sty!. Pr. Reg. 573. 5. 6. 8. 4 Bac. Abr. Yi!. “ Scire I*}tcin.t.”  1. Hob. 280. For 1l-r plriintjg} it was anfwered, 1ft. That if the verdi£t was informal, t e Court could mould it into form, from the materials placed by the jury on the Record. 1 Dall. Rep. 462. Hub. 54. 2 Burr. 699. 3 T. Rep. 749. 349. Doug. 121. 2d. That, from the uniform practice under the a£t of _ AHembly(1 Val. Dell. Edit. p. 6c.) as well as from the au- ' n thorities under the cullom of Landau, debts payable at a future day might be attached. 3 Lev. 236. Vin. Abr. 1 Sid. 327. I Bac. Abr. 691. 1 Ru//. Abr. 553. 2 Daw. 3I6. 3d. That the jurifdiftion was recognized by the aél, which ` provides for the garniihees anfwering interrogatories. 2 VaL Dall. Edit. p. 734. Br ·r1—1s Comvr:-This Sain- Fnrim is iil`ued to revive and eEe£luatea judgment obtained in this Court; and, therefore, is regularly inflituted here. It is true, that a bond is allignable in Pen%·l-unnia ; but if the bond in qucllion had been aélually afligned, the fa€t might have been pleaded to the former Spire Facia:. As to the queilion, whether the debt was liable to at- tachment, we have no doubt. It was debitum in pr¢nti,#l·vm· dum in fufura: ·And it has been the uniform conllrufiion of the af.} of Alfembly, that fuch debts were aifeéted by the at- tachment. It mult be allowed, that the judgment is, in {cme degree, informally entered ; but we can have no difficulty in fixing the meaning of the ]ury, though their verdiét might have been better expreifed. The fail, indeed, being admitted in the an- fwers of the garnifhees to the interrogatories, judgment would have been given on motion; aud, of courfe, 011 all the facts now {lated, we are equally competent to decide. Let judgment be entered for the plaintiB`s. Apu

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