
    Isaac Nickols, Petitioner for a Review, versus Dwight Foster.
    
      Practice. — The Court would not stay execution upon a petition for a review, where the petitioner had failed to serve the first order of notice, and before a second would be returnable, the year would expire, within which execution must issue.
    The petition, in this case, which was presented at the last April term in this county, stated that the respondent had recovered a judgment against the petitioner for 907 dollars 65 cents, damage, with costs, at the Court of Common Pleas for this county, September term, 1809, and, for reasons set forth, prayed for a review.
    At the last term, notice was ordered returnable at the present term, and a stay of execution upon the petitioner’s giving bond, with sureties, to respond the judgment on the review, or to pay the amount of the former judgment, in case the action should not be reviewed. No notice having been given, Blake, for the petitioner, now moved for a new order of notice, and for a further stay of execution.
   The Court

granted *he order of notice, but refused to stay the execution further, because the year would expire, within which execution must issue, and the plaintiff would thus be put to his scire facias, or an action of debt upon the judgment.  