Opinion
JULY TERM, 1788.
Dallas moved to quash the execution — Bankson and Healty opposed it.
THIS was a Certiorari to one of the Justices of the city and county of Philadelphia, and the proceedings being returned, it appeared, that Plowman, the Defendant, before the Justice, had appealed to the Common Pleas and entered security agreeably to the act of Assembly; but on a certificate from the Prothonotary of that Court, that the appeal was not filed, the Justice issued an execution against the Defendant.
And, by THE COURT: — After appeal and security given, the Justice cannot issue an execution against the original Defendant, but must proceed against the bail upon the recognizance. Therefore let the proceedings of the Justice be set aside, as far as respects the execution, with costs.