There is no failure of record in this case. The judgment and costs correspond; a variance arises from an omission of a charge for the seal, which is contained in the first lift of endorsed fees; but that forms no necessary part of the record, and is not included in the judgment of the Court.
Alston v. Bullock, 1 N.C. 77, 1 Cam. & Nor. 77 (1800)
June 1800
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North Carolina Court of Conference
1 N.C. 77, 1 Cam. & Nor. 77
William Alston versus Bullock & Potter, Bail of Searcy.
This was a Scire Facias brought by the Plaintiff William Alston vs. the Defendants, in Hillsborough Superior Court of Law, as bail of Reuben Searcy, to which the Defendants, amongst other things, pleaded “ Nul tiel record.” The question made was, whether the omission of 2s. 8d. charged on the ca. fa. vs. the principal, was such a variance between the judgment and the scire facias as would sustain the plea of "Nul tiel record."