Superior Court for Law and Equity, Mero District.
November 1806.
After a distringas issued in detinue has failed of its effect, a fieri facias may issue. [See Waite v. Dolby, 8 H. 411 where this case is cited.
Detinue for two negroes. Judgment for the negroes or their assessed value, in case they could not be had, and damages for their detention, had been obtained. Upon this judgment a distringas for the negroes detained issued, and a ca. sa. for the damages. The sheriff returned, he had committed the defendant upon the ca. sa. and levied the distringas upon some negroes, and a house and lot.
Upon motion of WHITESIDE, for the plaintiffs, the Court, consisting of CAMPBELL and WHITE, JJ., ordered that a fi. fa. issue instead of an alias distringas. No opinion was given whether a fieri facias
could issue in the first instance; but after a distringas had failed of its effect, there could be no doubt that a fieri facias might issue.