Note.— Vide Anonymous, post 401, and the note to Cowper v. Edwards’ Adm’r. ante 19.
Adams v. Spear, 2 N.C. 245, 1 Hayw. 245 (1795)
April 1795
·
North Carolina Superior Court
2 N.C. 245, 1 Hayw. 245
Adams v. Spear.
Debt, and non est factum pleaded : the bond was produced on the tria!, and appeared to be a bond in the penal "sum of six hundred and td-cuty-five pounds, with condition to pay one half of that sum. The writ was for the sum mentioned in the condition, and of course the decía-*246ration was supposed 'to be for the same sum. Etper curiam, the condition ; no part of tife obligation, it is inserted for ilie benefit of the, obligor, to exempt him from the payment of the penalty if lie chose- to comply therewith ; but he has iiis option not to perform the condition, and to forfeit the bond if hr is so disposed — consequently the bond produced, which is for six hundred and twenty-five pounds, does not agree with the bond set forth in the declaration — but as it has been a practice agreed upon by the bar, to suffer an alteration in the writ when issued bv the Clerk as this was, where he has committed a mistake, we will now recommend to the opposite, attorney to consent to the alteration. However he would not consent to the alteration at present, hut agreed it should be made at any time after this day. — Whereupon by Consent a juror was withdrawn.