Carrew v. Willing

by Supreme Court of the United States

CARREW verʃus WILING.

C

APIAS to June, 1784. The Bail bond fued to September, 1784, judgment was figned on the bill bond fuit, niʃe fpecial bail filed in 30days. Default was made in filling fpecial bail, and a ƒi: ƒa: iffued to June 1, 85.

1785.

And now, Auguʃt 8, 1785, Sitgreaves filed defendant's affidavit or a juft defence, and obtained a rule to fhew caufe, why the proceedings in the bail bond fuit fhould not be ftayed on paying cofts, pleading infuabbly in the original action, taking fhort notice of trial, and confenting that the judgment on the bail bond fhould ftand as a fecurity. He cited Barnes's notes 74. Birch vs Graves ib. 85. Otway vs Cockayne. Ibid. 91. Seaber vs Powell. Ibid. 112. Moriey vs Carr.

On the 13th of Auguʃt, Sergeant, for the plaintiff, shewed caufed ; but, after argument, the rule was made abfolute.