Barre v. Affleck

■On a report of referees filed in the prothonotary’s office, execution eannot be issued within the four days, or before notice given to the adverse party.

A Report of referees' was made into the'prothonotary’s office on the 5th May 1796, finding for the plaintiff 608i. 12s., and judgment entered thereon, and a fi. fa. was immediately issued, on which the defendant’s goods were levied. Exceptions were filed to the report on the 14th May following. On a motion to set aside the execution, the court held, that it had issued erroneously. It ought not to have been taken out within the four days, or before notice given to the adverse party. In causes tried in term, four days are allowed for motions in arrest of judgment, or for a new trial. So in causes tried at Nisi Prius, the first four days of the next succeeding term are allowed for the same purposes. (84th Rule of the Court, pa. 15.) To sue out an execution immediately, would deprive a party of every opportunity of being heard, though his complaint against a report of referees was ever so well founded.