Lynn v. M'Millen

The opinion of the court was delivered by

Gibson, C. J.

In actually entering special bail on the last day of the six weeks, the defendants undoubtedly intended to perform the condition of their bond; and were the act not such as to avail them by pleading, no court would hesitate to relieve them-in a summary way from the consequences of the officer’s blunder. But the bail as entered, was in fact a performance of the condition, and pleadable strictly as such. Instead of being the inception of a fresh suit an alias.orpluries is, at the common law, but a continuance of the process; and there is no…