Opinion
April Term, 1793
Sureties in an attachment are simply bail, and may surrender their principal.
HIGHTOUR had sued one Bowers, who had removed to avoid his creditors, by original attachment; and Murray had replevied the property attached. Hightour obtained judgment in the County Court of FRANKLIN, and Murray surrendered Bowers as his bail in discharge of himself. Hightour then took his sci. fa. against Murray, to subject him to the debt, alleging he had no power to surrender, having become bound for Bower's performance of the judgment of the court. The county court gave judgment for Murray. Upon which Hightour appealed.
Davie on the part of Murray.
Haywood for Hightour.
An original attachment is only intended to compel appearance, and where sureties are given, they are exactly to all purposes as bail, and may surrender.
Judgment for defendant.
See Act of 1777, Rev., ch. 115, sec. 30.
Cited: Summers v. Parker, 4 N.C. 581, 583; Deaver v. Keith, 27 N.C. 376.