Wilhelmus Van Der Mark v. James Jackson, on the demise of Ostrander, 1 Cole. & Cai. Cas. 231

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. Mac Ferlan, 3 Burr. 1772. Accourt v. Smith, 1 Ld. Raym. 339.