
    Shoemaker versus Shirtliffe.
    THE defendant had executed a bond, with warrant of attorney to confess judgment to the plaintiff. The bond was payable on the 1st. of September 1785; but there was no provision for a stay of execution, till that time, inserted in the warrant of attorney. The plaintiff issued a Fi.fa. before the 1st of September, and Dallas for the defendant, moved to set it aside.
   The Court

were of opinion, that the warrant of attorney reciting the bond, was only an instrument subservient to it; and, consequently, that the execution could not be issued, till the time given for payment was expired.

The execution set aside.  