Purnell v. Semans

7 Del. 399

Opinion

By the Court:

That is fatal on the ground oí irregularity, as the plaintiff under the circumstances should have first resorted to a writ of scire facias to enable the defendant to show, if he could, that the debt had been levied and collected on the first fi.fa. The second fi.fa. and venditioni exponas must therefore be set aside.