Todd v. McClenahan

It is alleged as an error, that the declaration does not show the right of M’Clenahan to recover on the bond executed by the governor.

The court can not find any precedent on a case exactly similar to this; and it is believed that bonds of the kind have never been authorized by law in England. But it is a general rule of practice, “That the declaration must show a title in the plaintiff.” At common law, even had this bond been assigned to M’Clenahan, he could not have brought suit on it; therefore, it would have been necessary for him to have referred to the statute which permitted him to do…