Delano v. Jopling

Opinion of the Court.

THIS is an action of debt, brought on a judgment rendered in the state of Virginia, on a scire facias against the appellee, as special bail for another individual. That scire facias had not been executed personally on the appellee; but the first was returned, “ not found, and no inhabitant of my bailiwick,” and the second, “no inhabitant of my bailiwick.” The appellee craved oyer of the record, which was granted, and demurred, and the court below sustained the demurrer, being of opinion that the judgment was void. From this decision his adversary has appealed.

That a…