Long v. Shelly

Opinion by

Walker, J.

This suit, brought before a justice of the peace, was removed into the common pleas by the defendant upon a writ of certiorari. After argument, the judgment of the justice was reversed by the court, and the defendant issued execution for the costs. A motion was made by the plaintiff to set aside the writ on the ground that no execution can be issued under the 25th section of the act of 20th March, 1810 (Purdon’s Dig. vol 1, page 608, pi. 29), until the final" disposition of the case upon .a second trial before the justice. This is the sole point.

On the affirmance or…