We are of opinion that the paper writing signed by the attorney at law for the plaintiff is a discharge of the bail*
Hughes v. Hollingsworth, 5 N.C. 146, 1 Mur. 146 (1806)
Dec. 1806
·
Supreme Court of North Carolina
5 N.C. 146, 1 Mur. 146
Hughes vs. Hollingsworth
From Morgan.
Pending a suit, the attorney at Sbaii of the6 defendant a paper -im-which’“ he the^HOntiff^ shall re-discharge this isl'dis-the'felu.üt
John Hughes brought sifit against Abraham Hollings^ worth in Morgan Superior Court and recovered a judgment. Samuel Hollingsworth was the bail of the defend- ■ * ant, and pending the suit, Joseph Spencer attorney at law Hughes the plaintiff gave to Samuel Hollingsworth a PaPer writing in the following words — -to wit:
. ■ I agfee witli Mr* Samuel Hollingsworth, on behalf of “ Mr. John Hughes ef Burke, as empowered by the said Hughes, that: the said Hughes shall and will release and «« discharge the said Samuel Hollingsworth from being se- “ curity for Abraham Hollingsworth in a suit which is now “ depending in the Superior Coutt of Morgan district, John “ Hughes against Abraham Hollingsworth.
JOSEPH SPENCER,”
Hughes sued out a Scire Facias against .Samuel Boilings *147worth, as bail of Abraham Hollingsworth, to which the defendant pleaded a relief by the plaintiff’s attorney ;s’ and whether the paper writing, signed by Joseph Spencer, the attorney at law for Hughes discharged the bail, was referred to this court.