Opinion of the Court. It appears, that by the common law, all writs of scire facias were proceeded on in the same manner by the return of two nihils; this was discretionary with the party issuing the process. Our statute gives this writ to the mortgagee, and, no doubt, in giving the writ, all the attributes that belonged to it at common law, were given also. It is to have a common law operation, and possess the common law incidents.
We are of opinion that the return of two nihils, is equivalent to a service, and authorized the court to render judgment as in cases where there has been an actual service. The judgment is therefore affirmed. (1)
Judgment affirmed.