Gorsuch ex rel. Telfair v. Holmes 4 H. & McH. 4

GENERAL COURT,

MAY TERM, 1797.

Gorsuch, use of Telfair, vs. John Holmes.

This was an action of debt upon a Bail Bond given to the plaintiff, then being sheriff of Baltimore county, by Andrew Holmes, with the defendant as his security, for the appearance of the said Andrew before Baltimore county court on the fourth Monday in March in the year 1793, to answer unto Isaac Telfair (for whose use this action is brought) in an action on the case. &c. The defendant pleaded payment, and issue was joined on the general replication, aud the cause continued to October term 1796; at which term the defendant by his counsel, moved « the court to stay the proceedings in this cause with all the costs of suit to the plaintiff, inasmuch as the said suit is instituted on a bail bond executed to the late sheriff of Baltimore county, conditioned for the appearance of a certain Andrew Holmes, at the then next ensuing Baltimore county court, to answer unto *5 Isaac, Telfair in a plea of trespass upon tbe case, and so forth; and also because there is a suit now depending in this court to recover from tile said Andrew Holmes the same claim on,account of which the said hail bond has been forfeited.”

This motion, after argument by the counsel concern» ed, was overruled by the court..

The defendant obtained leave and withdrew the plea of payment, and pleaded comperuit ad diem and comperuit ante diem. The plaintiff demurred to the first plea, and replied nul tiel record &c. to the other.

Hollingsworth, for the plaintiff.

Hobinson, for the defendant.