Manufacturers &c. Bank v. Frederickson

The terms of the agreement do not obviate the necessity of the issuing of a scire facias, as is usual in other cases, after the lapse of the year and a day, and where no previous execution has been issued. The phrase “ without stay of execution” only deprived the defendant of the privilege which he otherwise would have had of entering security, or pleading his freehold, for a cesset according to the act of assembly. The rule must be made absolute.

Rule absolute.