Actions upon contracts entered into before the ratification of the Code must be returned before the Clerk.
The bond was executed January 20th, 1866, and the summons was returnable to the term of the Court.
His Honor allowed the motion, and the defendants appealed.
[The opinion in Smith v. McIlwaine, ante 95, covers this case and that of The Raleigh National Bank v. Johnson; the facts in which were the same as in this case.]