Malone v. Samuel

The Chief-Justice

delivered the opinion.

This was a scire facias to have execution upon a recognizance of special bail. Upon an agreed case, the court below gave judgment for the defendant, to which the plaintiffs prosecute this writ of error. It appears from the agreed case, that the defendant in the scire facias had become special bail in due form for Reuben Samuel, at the suit of the plaintiffs, who, after obtaining judgment in said suit, issued a capias ad satisfaciendum thereon against Samuel, returnable to the August rules, 1818, and that the sheriff returned thereon, “no property found;”…