Steele v. Murray

A fieri facias was issued in favour of Steele and Co. against Murray and Gray on a replevin bond, and returned “No goods or chattels, and not levied on real estate by order of the plaintiff’s attorney.” The plaintiffs then sued out a ca. sa., on which the defendants were taken into custody. The Court, on motion of the defendants, quashed the ca. sa. on the ground that the plaintiffs could not abandon one species of execution, and resort to another. We think this ground untenable. ' A plaintiff may sue out one writ of execution, and, before it is executed, may abandon it, and sue out another…