Molloy's Executors v. M'daniel ( 1806 )

Upon motion of Whiteside for the plaintiffs, the court consisting of Campbell, j. & White, j. ordered, that a fi. fa. issue instead of an alias distringas. No opinion was given whether a fieri facias could issue in the first instance; but after a distringas had failed of its effect, there could be no doubt, that a fieri facias might issue.