Van Der Mark v. Jackson , 1 Cole. & Cai. Cas. 231 ( 1803 )

Per curiam.

As the writ was never returned, this court was never in possession of the cause ; whatever has. been done here, must therefore be set aside. Take your rule.^*

* See Leith v. Burr 1772 aAcl court v. Smith I L. Ray, 329,