Myers v. Irons' Ex'x

The Chief Justice

delivered the opinion of the court.

This was a scire facias against Myers and Asturgus as *157¡special bail. The first scire facias was returned executed upon Myers, and not found as to Asturgus. At the next term, before any other scire facias had issued against As-turgus, Myers produced in court the body of the principal, and offered to surrender him, but the court refused to order him into custody, and gave judgment against Myers, not only for the costs of the scire facias, but also for the amount of the judgment in the original action. From that judgment Myers has appealed to…