Fox v. . Steele

This is a scire facias against the defendants, who became securities for the prosecution of a writ of certiorari. The plaintiff failed in his action, and it is contended that the bond is void upon the ground the court below had no power to require the plaintiff to give bond for the prosecution; that the act of the General Assembly had not directed the clerk to take such security, and that the authority of the court was usurped. It is also objected that if the bond should be considered valid, it cannot be enforced by scire facias.

We are unanimously of opinion that there is nothing in the first…