O'Neal v. Wade

Debt upon a bond given by a plaintiff in a replevin suit. Breach, that said suit was not prosecuted, &c., nor the property returned, &c. Damages claimed, 50 dollars.

The defendant pleaded that the suit on said bond ought not to be sustained, because, he said, said suit in replevin was dismissed from Court by the agreement of the parties thereto.

The plaintiff replied that said suit was not dismissed by the agreement of parties, but upon the sole suggestion and motion of the plaintiff therein, concluding to the country. Issue.

The cause was submitted to the Court for the trial of the issue, and…