
    GILLASPIE v. CLARK,
    Nov. 1794.
    Security given to replevy property attached is considered special bail.
    Appeal.-Gillaspie obtained an original attachment against Thomas Green; Clark became security, and Green replevied the property. Green left the county; judgment was had against him; a fi. fa. issued, upon which the Sheriff returned nothing found.
    A sci. fa. issued against the defendant to which he pleaded that no ca. sa. had been issued against Green.
    To this plea, there was a demurrer, and joinder.
    The question turned upon what species of security the legislature designed should be given upon replevying property attached. The plea was supported by reference to the following authorities, Cro. Eliz. 597. 733.
   The Court

determined that the security given, must in every point of view, be considered as special bail, and that a ca. sa. was necessary before the sci. fa. could issue. Judgment for Defendant.  