Jennison v. Warmack

The facts of the case are fully stated in tbe opinion of the court delivered by

Martin, J.

The defendant is appellant from a judgment on a bond for the prison bounds. He has built his hopes of the reversal of it on several grounds; but the opinion we have formed on that which relates to the plaintiff’s right to sue on the bond, without obtaining an endorsement of it from the sheriff, authorised by an order of court, after proof of a breach of the condition, renders the examination of any other part of his defence useless.

He has relied in this part of the case on the act of 1808. 1 Moreau’s…