PEYTON v. BROOKE


7 U.S. 92 (____)

3 Cranch 92

PEYTON v. BROOKE.

Supreme Court of United States.

February 27, 1805.


Attorney(s) appearing for the Case

Swann, for defendant in error.

Jones, for plaintiff in error.

Simms, for defendant in error.


MARSHALL, Ch. J.

The court is of opinion, that the act of assembly contemplates the case where the first execution is not returned nor executed; that is, where it is out and may be served.

The clerk was right in adding the costs of the alias ca. sa. The judgment is for costs, generally; which includes all the costs belonging to the suit, whether prior, or subsequent to the rendition of judgment. If new...

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