Bruce v. Colgan

THIS was a scire facias to have execution upon a recognizance or special bail taken by the suei'in in an action of detinue. The scire facias was sued out against five persons, as special bail, and was executed upon four of them, and the fifth was returned -4 no inhabitant.” As to the latter, the scire facias was ordered to be abated, and the defendants upon whom it was returned executed, appeared and demurred to the scire facias. They also pleaded two pleas ; in the first of which, they alleged that M’Daniel, their principal, on the 30th of September 1821, previous to the return of the scire…