Colville v. M'Kinney

Opinion of the court delivered by

Judge Catron.

John M’Kinney sued Wm. Colville and gave Michael M’Kinney as security for the costs, who “acknowledged himself said plaintiff’s security in the sum of two hundred dollars, conditioned for prosecuting the suit with effect, or payment of all costs and damages incident on failure thereof.”

At one term of the court John M’Kinney suffered a non suit, which was set aside by the court, on the payment of the costs of the term, and the suit progressed. For these costs a ca. sa. issued during the progress of the suit, against John M’Kinney — he was taken and…