Adams v. Macey

OPINION of the Court, by

Judge Bibb.

— After judgment by default and the execution of a writ of en-quiry, the plaintiff here, has prosecuted a writ of error to the judgment rendered against him in the circuit court. The assignments of error relate to the declaration only, and are in substance the following :

1st. That the count is of a covenant to and with the plaintiff Macey, whereas the covenant of which profert is made, was with George Craig.

2dly. The breach assigned is of non performance within three months from the date of the covenant, to Craig, whereas for any thing that appears in the…