
    Crews and Higginbotham v. Garland.
    Tuesday, November 19th, 1811.
    i. Writ—Execution of.—A writ cannot legally be executed after the term to which it was returnable.
    a. Same—Same—Judgment Entered before.—A judgment entered, in the clerk’s office, before the execution and return of the writ is erroneous, and cannot be supported by the writ’s being returned executed to the term when the judgment is made final.
    3. Same—Same—Same—Effect.—In such case, the bail bond should be quashed by the court of error; all the proceedings back to the common order (inclusive) set aside, and the cause remanded for farther proceedings.
    This was a writ of supersedeas to a judgment of the district court of Charlottesville, in an action of debt on behalf of David S. Garland against Pleasant Crews. The writ was returnable the 15th of April, but executed the 15th of June, 1807; and a bail bond was then taken, conditioned as usual, to be void in case the said Pleasant ^should make his appearance on the first day of the term ensuing its date. At rules, held in the clerk’s office in April,, 1807, a common order was entered, and in May confirmed “against the defendant and bail;” though no bail had then been taken i and, at September term, the office judgment was made final.
    Wirt, for the plaintiffs in error, and: Nicholas, for the defendants,
    submitted the' case without argument.
   Saturday, November 23d, the court’s opinion was pronounced that “the execution of the writ after the return day thereof was illegal and void;” and that the judgment taken in the office before the execution and return of the writ was erroneous. “It is therefore considered by the court that the bail bond taken in this case be quashed; and that the judgment and proceedings of the said district court be reversed, with costs, as far back as the proceedings held at the rules in the month of April, 1807, including those proceedings; and that the cause be sent back to the superior court of law to be held for Amherst county, for further proceedings to be had therein.”  