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12 Tenn. 455

M'Combs v. Hall

Tennessee Supreme Court

Decided March 15, 1833

Tennessee Supreme Court · decided 1833-03-15

The scire facias recites that Combs and others recovered against William Nash, for costs, the sum of one hundred and twenty four dollars; that aca. sa. was issued to the proper county and returned not found; and that Barry had entered himself bail by bond, conditioned that if said Nash should with effect prosecute his bill of injunction, or if he fail, pay and satisfy the judgment enjoined, and the costs of the circuit court, and the costs of the court of equity, then the…

Decided 1833-03-15

Peck, J.

¶1delivered the opinion of the court.

¶2There is no averment in this scire facias, that Nash *456failed to prosecute his bill of injunction with effect. From the terms of the bond as recited, it is on the breach of this condition that the liability of the executors can attach. The sci. fa. is therefore defective.

Thompson, for plaintiff in error.T- J. Lacy, for defendant in error.

¶3Judgment reversed.

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