Luckett v. Austin

*181OPINION of the Court, by

Ch. J. Boyle.

Luckett and Miller having become special bail for Metcalfe, at the suit of Austin, the latter sued out a scire facias against them upon their recognizance, which was retained executed on Luckett, and Miller not found. An alias scire facias was then sued out, widen was returned executed upon Miller. Metcalfe having been surrendered before the appearance day of the second scire facias, Luckett and Miller jointly plead the surrender in bar of an exe-sutiori upon the recognizance, Austin demurred, and; *182upon the demurrer the court below gave judgment for…