...fa. could not commence anew action upon the judgment. Or if the proceedings were not irregular, then to shew cause why the defendant should not be discharged out of custody, npon filing common bail. He cited Dyer, 299. b. S4.* "In debt, the plaintiff' declared on...

...arrested on the same affidavit on a testatum capias into Middlesex. A rule having been obtained calling on the plaintiff to shew cause why the defendant should not be discharged out of custody, Erskine, in support of the rule, principally relied, Flailer v. that the plaintiff having...

...defendant, pending a suit in equity for :i [418] BURNELL againß MARTIN. Л/rOTION, by G. Wilson, for a rule to shew cause, why •^•™- the defendant should not be discharged out of custody on riling common bail, upon an affidavit, stating,. That, having borrowed <£oOO of the plaintiff,...

...r. DAVIS. Wighlwick's Reports, p. 16. A RULE having been obtained for the Plaintiff to shew Cruise why the Defendant should not be discharged out of the Custody of the Warden of the Fleet ; as to this Action, he having become a Bankrupt, and obtained his Certificate...

...and also counter affidavits. A rule had been obtained on the part of the defendant, [*] calling on the plaintiff to shew cause why the defendant should not be discharged on common bail. This cause was called on its turn in the paper, when Mr. Van Arsdalc and Mr. M'Whorter,...

...: " Allowed " for, for costs, 180/. Sower obtained a rule, on a former day, calling on the relator to shew cause " why the defendant should not be discharged...out of the custody of the sheriff of the county of Stafford, ou " payment of a small fine for his redemption, by reason of the " premisses whereof he...

...ngainst ENTWISM:. (a) 1 Atk. 115. (b) 1 Atk. 116. WAUOH against AUSTEN. THIS was a rule calling on the plaintiff to shew cause why the defendant should not be discharged out of the custody of the marshal as to this execution for irregularity; the ground of which was that the plaintiff became a...

...n°-u<n-«f ENTWISLE. (a) 1 Atk. 115. (6) 1 Atk. 116. WAUGH oo-ainst AUSTEN. o THIS was a rule calling on the plaintiff to shew cause why the defendant should not be discharged out of the custody of tin' marshal as to this execution for irregularity; the "round of which was that the plaintiff became...

...dtfeadint received any coos*""1 for making the insurances. Baldwin had obtained a rule on a former day to shew cause why the defendant should not be discharged out of custody, and why the bail bond should not be delivered up, on two grounds : First, because the act...

...the plaintiff was nonsuited ; and upon these facts, disclosed by affidavit, a rule nisi was obtained, calling upon the plaintiff to shew cause why the defendant should not have his costs allowed him. And now, in answer to this application, the plaintiff in his affidavit...