Battle v. . Little

12 N.C. 381

Opinion

Per Curiam.

We think whether due diligence had been used in endeavoring to collect the debt from Drum-mond, was a question of law, as it arose in this case.— We also think as the Plaintiff did not take judgment against Drummond’s bail upon the return of two writs of sci.fa. instead of issuing a third, he did not use that diligence which the case required. Let the judgment be reversed, and a new trial granted.