UNITED STATES SUPREME COURT DECISIONS ON-LINE

The Venue in this case was laid in Philadephia, and Judgement being entered, an execution was thereupon issued immediately into Bucks county.

Sergeant obtained a rule to show cause, why the execution should not be quashed, alledging that it ought to have been preceeded by a Fi fa, in the county where the Venue was laid, in order to ground a Testatum into Bucks.

Page 1 U.S. 330, 331

Levy, in showing cause, contended, that the act of Assembly had departed from the practice in England; and that in directing a Testatum it referred only to the Courts of Common Pleas, which are limitted in jurisdiction to a single county: That the same act established the jurisdiction of the Supreme Court, and made it co-extensive with the State; and that, therefore, as the Legislature was silent with respect to issuing a Testatum from this latter court, it was fairly to be inferred, they did not mean to require it. He further insisted that the practice supported his construction, and that a diviation [1 U.S. 330, 332]

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