Bryan v. . Bradley

Superior Court of North Carolina

Bryan v. . Bradley

1 N.C. 177

DecidedJuly 5, 1800

StatusPublished

This text of 1 N.C. 177 (Bryan v. . Bradley) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bryan v. . Bradley, 1 N.C. 177 (N.C. Ct. App. 1800).

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Opinion

The 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 *Page 158 the plaintiff hath instituted against him; but a different action from this is afterwards prosecuted; consequently, the condition of the bond is not broken. The bail can say with truth, non haec in foedera venimus.

Whereupon the plaintiff's motion for the scire facias was quashed.

Cited: Smith v. Shaw, 30 N.C. 235; Bradhurst v. Pearson, 32 N.C. 56.

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The 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 *Page 158 the plaintiff hath instituted against him; but a different action from this is afterwards prosecuted; consequently, the condition of the bond is not broken. The bail can say with truth, non haec in foedera venimus.

Whereupon the plaintiff's motion for the scire facias was quashed.

Cited: Smith v. Shaw, 30 N.C. 235; Bradhurst v. Pearson, 32 N.C. 56.

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Bluebook (online)

1 N.C. 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryan-v-bradley-ncsuperct-1800.

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