Bryan v. Bradley, 1 N.C. 77, 1 Tay. 77 (1800)

Oct. 1800 · North Carolina Superior Court

1 N.C. 77, 1 Tay. 77

Bryan versus Bradley and others, bail of Donaldson.

SCIRE facias on a bail-bond. Plea, nul tiel record. The writ had been originally issued in debt, and in conformity therewith the Sheriff had taken the bail-bond. In the County Court, the writ had been altered from debt to case, to which latter action the subsequent proceedings corresponded. For the defendant it was argued, that these variances were fatal; and,

If the writ be altered from debt to case, the bail are no longer bound.

By

the Court.

The bail can be made liable in no other manner than as they have stipulated by their bond. In this case it is conditioned to be void, if the principal appears to answer to an action of debt, which the plaintiff hath instituted against him; but a different action from this is afterwards prosecuted : consequently, the condition of the bond is not broken. The bail can say with truth, non hæc in foedera venimus—Whereupon the plaintiff’s motion for the scire facias was

Quashed.