Candee v. Kelsey

Judge Lane

stated the ease, and delivered the opinion of the •court:

In August, 1834, the plaintiffs sued Kelsey, for -whose appearance Goodloe became bail.

In October, 1834, a declaration de bene esse was filed against Kelley, and no further steps by plaintifife; at the December term, 1834, Kelsey filed his plea; at the same term the case was continued for want of special bail. At February term, 1835, the parties appeared, and judgment was rendered against Kelsey.

In February term, 1835, the present suit of debt was instituted upon the bail bond, and it is agreed that if the plaintiffs are…