Note. — Vide Act of 1777, Rev. ch. 115, sec. 30—1 Sand. 67, note 1.
Hightour v. Murray, 2 N.C. 28, 1 Hayw. 28 (1793)
April 1793
·
North Carolina Superior Court
2 N.C. 28, 1 Hayw. 28
HALIFAX,
APRIL TERM, 1793.
Hightour v. Murray.
Hightour had sued one Bowers, who had removed to avoid his creditors, by original attachment; and Murray had replevied the property attached. Hightour obtained judgment in the County Court of Franklin, and. Murray surrendered Bowers as his bail in discharge of himself. Hightour then took his sci. fa. against Murray, to subject him to the debt, alleging he bad no power to surrender, having become bound for Bowers’s performance of the judgment of the Court — the County Court gave judgment for Murray. Upon which Hightour appealed, and now on full argument of this case, by Davie on the part of Murray, and Haywood for Hightour. Per Wiixiams and Ashe, Judges, an original attachment is only intended to compel appearance, and where sureties are given, they are exactly to all purposes as bail, and may surrender j so the Defendant had judgment in his favor.