Barrie v. Dana

It has been the established and invariable practice of this Court, for more than thirty years, to require the judgment-roll to be filed with the clerk, before issuing execution. It is, therefore, unnecessary to take notice of the practice of the English Courts. The motion to set aside the execution ought to be granted, on the defendant’s stipulating not to bring an action for false imprisonment.

Per totam Curiam.

Rule accordingly.