BRYAN v. BRADLEY

If the writ be altered from debt to case, the bail is no longer bound.

By the Court.

The bail can be made liable in no other manner than as they have stipulated by their bond. In this case it is conditioned to be void if the principal appears to answer to an action of debt, which the plaintiff hath instituted against him; but a different action from this is afterwards prosecuted; consequently, the condition of the bond is not broken. The bail can say with truth, non haec in foedera venimus.

Whereupon the plaintiff's motion for the scire facias was quashed.

Cited: Smith v. Shaw, 30 N.C. 235; Bradhurst v. Pearson, 32 N.C. 56.