1 U.S. 330 (1788)

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U.S. Supreme Court

LESHER v. GEHR, 1 U.S. 330 (1788)

1 U.S. 330 (Dall.)


Supreme Court of Pennsylvania

July Term, 1788

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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