West's Ex'x v. Hyland , 3 H. & J. 200 ( 1811 )

Chase. Ch. J.

delivered the opinion of the court to the following effect ^(a.) That the return of cepi to the former ea. sa. and the plaintiff not proceeding to enforce that writ by having the defendant committed, defaulting the sheriff, oran entry of not called, did not preclude the plaintiff' from again taking out a>new ca. sa.

RULE REFUSED.

(a.) ) Bucranax, Nicholson and Earle, J. concurred.