notwithstanding the point authority produced by Slade, overruled the plea. They held the writ was deemed sufficient, because it agreed with the ac etia clauses, inserted in actions of debt, in the bill of Middlesex, according to the English practice.
Guion v. M'Cullough, 1 N.C. 78, 1 Mart. 78 (1791)
June 1791
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United States Circuit Court for the District of North Carolina
1 N.C. 78, 1 Mart. 78
June Term, 1791.
GUION vs. M’CULLOUGH, et al.
Action on a bond. The writ was filled up, "that they answer unto him of a plea of debt of 1000 dollars," (the penalty of the bond): plea in abatement, because the writ did not run in the actual form, “in the debet and detinet:" general demurrer.
Graham, for the plaintiff.
Slade, for defendant.