3 N.C. 16
Superior Court of North Carolina
Decided July 5, 1797
Superior Court of North Carolina · decided 1797-07-05
‘HpHIS was a sci.fa. to have judgment and execution against the defendants, as bail for Fleming, against whom the plaintiffs had recovered judgment and taken out a ca. sa. which had been returned non esi inventus s and to this sci.fa, the defend* tmu' nleac.?d mil del re< ord, the. paper supposed to be a bail bond, and relied on as such by the plaintiffs, when produced, appeared to have all the forms oí a bail bond, except the seal which it had not.
Cited by 1 later decisions — most recently July 1817
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1797-07-05
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¶1 This is a fatal variance ; the sci.fa. states a bail bond as the ground of this proceeding, and by the act the set. feu can only issue to charge them as bail when they have executed a bond, and that is returned and filed amongst the records of the court, 1777, ch. 3, sec. 16,18, 19. Here it wants a circumstance ¡Material to the essence oí' a bend.
¶2 Tile court adjudged there was no such recordó