STET BELLA

If the plaintiff in a plaint in the mayor’s court of London has attached property belonging to the defendant and obtained execution against the garnishee, the defendant, if he wishes to contest the plaintiff’s claim, and obtain restoration of his property, must issue a scire facias ad dis probandum deMtum; if the only question to be tried is the plaintiff’s debt, the plaintiff in appearing to the scire facias prays stet billa “that his bill original,” i.e., his original plaint, “may stand, and that the defendant may plead thereto.” The action then proceeds in the usual way as if the proceedings in attachment (which are founded on a fictitious default of the defendant in appearing to the plaint) had not taken place. Brand, F. Attachm. 115; Sweet