denied the motion, the defendant not being in court, nor the action depending for this purpose, till bail filed, or an appearance entered.
Ingersoll in arguing on the expression in the last act, "action depending," took this distinction-Where the original writ is purchased out of Chancery, the suit cannot be said to be depending until the return; because the writ gives the jurisdiction, and before the return, the court does not know the cause.-This is the case