
    JULY TERM, 1799.
    Post vs. Van Dine.
    WRIT returnable April Term last; declaration filed 6th of May; 11th of June notice of bail; 13th, exception filed; on the 11th of July the Rule for bringing in the body had expired, and plaintiff refilled to accept of additional bail unless they would justify ; on the same day notice of the second bail was given, and an offer made by defendant to deposit a sum of money to the full amount as security. Two more bail were then put in with notice of justification on the 19th July, but they now justified in open Court, The defendant also swore to merits.
    On the above statement of facts a motion was now made for an attachment against the sheriff. Sellon's Practice, 214, was cited to shew that where a trial is soft, an attachment is to go and to remain, as a security ; vide to the same point, 4 Durn, and East. 352.
    On the other side it was said the case in Sellon. was where an attachment had already issued.
    Eacker for plaintiff.
    Walton for the defendant.
   Per Curiam.

At the last circuit there was no time to try a junior cause, so that no trial has in reality been lost. As the defendant has sworn to merits, and as money to the full amount in lieu of bail was tendered on the 11th of July and refused, and as bail has since justified, this motion must be denied, but on payment of the costs of the Rule to shew cause and of the motion, by the sheriff.  