
    Fleming v. Saunders.
    [April, 1803.]
    Execution — To What Place Issuable. — The execution must issue to the county where the defendant lives in the first instance, unless he has removed his effects out of it.
    Fleming gave a • forthcoming bond to-Saunders ; on which the latter made a motion for judgment in the county court of Gooch-land. The record states, that the defendant objected to the motion ; because “the execution, under which it was taken, issued from this court against the goods and chattels of William R. Fleming, and Archibald C. Randolph his common bail, both of whom live in this county, *and that the said execution was levied in the county of Powhatan The court however overruled the objection, and gave judgment for the plaintiff. Whereupon the defendant filed a bill of exceptions, which stated, that the defendant moved the court to quash the original execution, “stating, that the judgment was obtained in the county court of Goochland, and a fieri facias executed on the defendant’s property in the county of Powhatan, and that the defendant is an inhabitant and citizen of the county of Goochland ; which motion of the defendant was overruled by the court, and a judgment obtained on the bond.”
    From which judgment the defendant appealed to the district court, where the judgment of the county court was affirmed : And from the judgment of affirmance, Fleming appealed to this court.
   PRR CUR.

Reverse the judgments ; and quash the execution. 
      
      See monographic note on “Executions” appended to Paine, Surv., &c., v. Tutwiler, 27 Gratt. 440.
     