
    Moses C. Bullard, in Error, versus Rufus Brackett.
    A. judgment of the Court of Common Pleas in a process of foreign attachment, wnere the principal defendant was absent from the commonwealth when the writ was served and until after the judgment was rendered, was reversed with costs, because the action had been continued only one term.
    The original action was brought by Brackett against Bullard, as principal defendant, and three other persons as his trustees, and was entered in the Court of Common Pleas, at July term, 1821, and at the next term in October judgment was rendered against Bullard and one of the trustees, the two others having been discharged on their answers. The error assigned was, that Bullard was absent from the Commonwealth when the original writ was served, and that he did not return before the rendition of the judgment, in which case the action ought to have been continued two terms, pursuant to St. 1794, c. 65, § 2.
    Morey, for the plaintiff in error,
    cited Sprat v. Webb, 1 Greenl. 325 ; Blanchard v. Wild, 1 Mass. R. 342.
    
      Rand, on the other side,
    referred to St. 1797, c. 50, § 5.
    
      Judgment reversed toith costs.
      
    
    
      
       See Howe’s Practice, 394, 321.
    
     