Bradhurst v. . Erwin
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Burke County, at the Spring Term 1848, his Honor Judge Battle presiding. This was a scire facias, issued by the plaintiff to subject the defendant as the bail of one J. J. McElrath, and was submitted to the Court upon the following case agreed.
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Appeal from the Superior Court of Law of Burke County, at the Spring Term 1848, his Honor Judge Battle presiding. This was a scire facias, issued by the plaintiff to subject the defendant as the bail of one J. J. McElrath, and was submitted to the Court upon the following case agreed. The plaintiff sued out a writ of trespass on the case in assumpsit against the present defendant, and J. J. McElrath, which was delivered to the sheriff of Burke County, who executed it on both the defendants therein' and took from them a bond payable to himself for the sum of eight hundred dollars with the…
1Opinion of the CourtBattle, J.
We concur in the opinion given upon the case agreed by the presiding Judge in the Court below. The plaintiff’s counsel has contended, that, as the writ in the original suit was against both McElrath and Erwin, and they, upon being arrested gave a joint bond to the sheriff for their appearance to answer the action, they thereby became mutually bound as special bail for each other, and that consequently Erwin can be subjected in this manner as the bail of McElrath. But that cannot be so, because the obligation of Erwin, as a principal, is very different from what would be his obligation as…
2Cited by1 opinion
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