Davis v. . Gully
Supreme Court of North Carolina
This was an action of beb.t, upon a bond given by the defendants, upon suing a writ to sequester sundry negroes, in the hands of the present plaintiff. Plea,, non infregit. conventiónem.
Read the full summary
This was an action of beb.t, upon a bond given by the defendants, upon suing a writ to sequester sundry negroes, in the hands of the present plaintiff. Plea,, non infregit. conventiónem. On the trial, before his Honor Judge Bailey, at Johnston,, on the last Circuit, the case appeared to be as follows: — A bill in equity was instituted by John G. Gully and others, against the present plaintiff, Jones Davis, in the Court of Equity for the county of Johnston, and a fiat made thereupon for issuing writs of ne exeat apd sequestration, upop the complainant’s entering into bond with sufficient…
1Opinion of the Court
Gaston, Judge,
after stating the case as above, proceeded as follows; — Several points were made here in support of the opinion below: but we deem it necessary to notice one only, for that appears to us to be decisive.
The condition is not for the payment of such damages as shall be sustained by the plaintiff for wrongfully instituting the suit in equity, but for the payment of such as shall be recovered by the plaintiff for wrongfully instituting the suit. The obvious and unambiguous meaning of this condition is, that the obligors guaranty the amount of any judgment which the plaintiff may…
2Cases cited1 opinion
- Jackson v. HughesIndiana Supreme Court · 1826
3Cited by5 opinions
- Carpenter, Baggott & Co. v. HanesSupreme Court of North Carolina · 1914
- Brown v. Guaranty Estates Corp.Supreme Court of North Carolina · 1954
- Shute v. . ShuteSupreme Court of North Carolina · 1920
- Mahoney v. Tyler.Supreme Court of North Carolina · 1904
- Buggeln v. CameronArizona Supreme Court · 1907