Wilson v. Hudspeth, 14 N.C. 57, 3 Dev. 57 (1831)

June 1831 · Supreme Court of North Carolina

14 N.C. 57, 3 Dev. 57

William B. Wilson v. Morgan Hudspeth et al.

Sureties for the prosecution of a suit, are hound for the costs accruing’ before, as well as after the execution of the bond.

This was an action of debt, upon a bond given fop the prosecution of a suit, brought by the defendant, Hudspeth, against the plaintiff; which was “ tobe void, u if in case of failure in the said suit, the said Morgan u Hudspeth pay and satisfy all the costs and i charges “ that may accrue therein.” After oyer, the defendants pleaded non infregerunt conventionem.

Upon the trial, before his Honor Judge Martin, it was admitted by the defendants, that Hudspeth had failed in his suit, and had not paid the costs, and that the whole costs amounted to g 117, but they contended that at the execution of the bond, the costs of the plainiiff amounted only to g58.

The jury, under the instructions, of his Honor, returned a verdict for the plaintiff for all the costs of the suit, and the defendants appealed.

No counsel appeared for the defendants.

The Attorney- General for the plaintiff.

Ham, Judge.

-After stating the case as above, proceeded: The doubts which have brought the case before us are not readily discerned. The condition is that Morgan Hudspeth shall pay all the costs, that shall or may accrue upon a contingency that may happen after that time, namely, a. failure faithfully to prosecute the suit against Wilson. Such failure has taken place, and Hudspeth has failed to pay the costs. The defendants are therefore bound to pay all the costs accruing therein. All the costs are •the costs which accrued before, as well as the costs which accrued after the date of the prosecution bond given by the defendants.

Ter Curiam. — JudgmeNT affirmed.