Case No. 5,863.

GUION v. M'CULLOUGH et al.

[Brunner, Col. Cas. 1;¹ 2 Mart. N. C. 78.]

Circuit Court, D. North Carolina.

June, 1791.

WRIT IN ACTION OF DEBT—FORM.

A writ in debt “that they answer unto him of a plea of debt of one thousand dollars,” held good on a demurrer to a plea in abatement that the writ did not runr in the debet and detinet.

Action on a bond. The writ was filled up, “that they answer unto himof a plea of debt of one thousand dollars” (the penalty of the bond): plea in abatement because the writ did not run in the usual form, “in the debet and detinet”: general demurrer.

Mr. Graham, for plaintiff.

Mr. Slade, for defendants.

IREDELL, Circuit Justice, and SIT-GREAVES, District Judge, notwithstanding the pointed authority produced by Slade, overruled the plea. They held the writ was deemed sufficient because it agreed with the ac etiam clauses inserted in actions of debt in the bill of Middlesex, according to the English practice. Page v. Farmer, 2 Murph. 288, 1 N. C. Repos. 278.

¹ [Reported by Albert Brunner, Esq., and here reprinted by permission.]

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