Gibson v. Patterson

Hammond, Judge.

This case was an action of debt on a bond, brought by the plaintiff in error, who was the obligee against Oscar E. Besore, as principal, and the defendant in error, as surety. The principal was not served, and the case proceeded alone against the surety. After the introduction of the plaintiff's evidence, the presiding judge granted a non-suit, and this is the error complained of.

The plaintiff’s evidence was as follows:

First. The bond sued on, which was in the penal sum of twenty-five hundred dollars, dated April 28,1813, payable to the plaintiff, and executed by her husband,…