3 Yeates 56
Decided September 15, 1800
Supreme Court of Pennsylvania · decided 1800-09-15
Mr. S. Levy moved to discharge the defendant on common bail, there having been an amicable action entered by-the plaintiffs against the defendant some time ago, for the same cause of action, in Washington county. urged that no bail was given in the amicable suit.
Decided 1800-09-15
¶1The bail is the vexation. And if bail had been given in the former suit, it would be a good ground of discharge on common bail now. The reason why there is no bail to debt on a judgment, is because there is bail in the original action. 2 Barnes. 93. 1 Bl. Rep. 507. Sayer 43. 2 Stra. 1039. 2 Wils. 29. Comy. 556. 2 H. Bla. 278.
¶2Motion refused,