Bryan v. Simonton.
Supreme Court of North Carolina
From Wilkes. This was a scire facias against Simonton, as bail for one Patterson, against whom, jointly with one Moody, the Plaintiff obtained judgment in debt, for four hundred and ninety dollars. The writ set forth the judgment and ca. sa; and that Moody was arrested thereupon, anti the return, that the other Defendant, Patterson, could not be found, and that the Defendant was bail for both of lito original Defendants.
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From Wilkes. This was a scire facias against Simonton, as bail for one Patterson, against whom, jointly with one Moody, the Plaintiff obtained judgment in debt, for four hundred and ninety dollars. The writ set forth the judgment and ca. sa; and that Moody was arrested thereupon, anti the return, that the other Defendant, Patterson, could not be found, and that the Defendant was bail for both of lito original Defendants. Pleas, 1 Nit/, lid record; 29 a special plea, that upon the ca. sa. against Moody and Paiterson? the former* was duly arrested, and in execution, until the Plaintiff…
1Opinion of the Court
Tayiok, Chief-Justice,
delivered the opinion of the Court:
After stating the case, he said, the demurrer admits that Moody was taken in execution, and discharged by the Plaintiff; and the question presented is, whether that operates a discharge of the bail ?
The position is well established by authority,' that if a Plaintiff once take a Defendant in execution, and consent to his discharge, lie cannot afterwards sue out any execution on that judgment. * There is but one case where a debtor in execution, who obtains his liberty, may after-wards be taken again for the same debt; and that is, when…
2Cited by1 opinion
- Jackson v. Hampton.Supreme Court of North Carolina · 1849