1 N.C. 77
Superior Court of North Carolina
Decided October 15, 1800
Superior Court of North Carolina · decided 1800-10-15
SCIRE facias on a bail-bond. Plea, nul tiel record. The writ had been originally issued in debt, and in conformity therewith the Sheriff had taken the bail-bond. In the County Court, the writ had been altered from debt to case, to which latter action the subsequent proceedings corresponded. For the defendant it was argued, that these variances were fatal; and,
Decided 1800-10-15
¶1By
¶2The bail can be made liable in no other manner than as they have stipulated by their bond. In this case it is conditioned to be void, if the principal appears to answer to an action of debt, which the plaintiff hath instituted against him; but a different action from this is afterwards *78prosecuted : consequently, the condition of the bond is not broken. The bail can say with truth, non hæc in foedera venimus—Whereupon the plaintiff’s motion for the scire facias was
¶3Quashed.