Wood v. Yonge

9 Port. 208

Opinion

COLLIER, C- J.

The only question .made at the argib ment, is as to the correctness, of the judgment on demurrer. In Toulmin vs. Bennett & Laidlaw, (3 Stew. & Por. 225,) on a scire facias against bail, it was decided that it was competent for the bail to show by plea, that the plaintiff had not given security for costs — and by failing to do so, the bail bond was void. With this decision, We are satisfied ; and the judgment is consequently reversed, and the case remanded. • -