Lully v. National Surety Co.

The opinion of the court was delivered by

Walker, Chancellor.

This was an action at law in the Essex Circuit Court on a recognizance of bail executed by the defendants, made to the plaintiff as administratrix ad prosequendum, &c. There were two bonds, treated as one.

The defendants gave notice to the plaintiff that they would move before the Circuit Court to strike out the causes of action contained in the complaint, on the ground that the first cause failed to contain any allegation that a capias ad satisfaciendum was issued to the sheriff and returned non-est inventus in .compliance with…