Watson v. Summers
Watson v. Summers
Opinion of the Court
Injunction dissolved. See 10 Yin. Ab. 578, (new edit.) tit. Execution (C. a.), which cites Higgens’s case, Cro. Jac. 320. If a man has one execution against the bail he shgll never have execution after against the principal, for he has made his election by the first execution. So if the principal be in execution he cannot take the bail. See Walker v. Alder, Styles, 117, and Price v. Goodrick, Styles, 387. But, says Viner, if the bail be taken in execution in B. R. and pays part, yet, if the bail be let at large, execution may be against the principal afterwards; and this is the constant practice of the court; and it seems that Higgens’s case, Cro. Jac. 320, is to be intended where the bail were in custody. Felgate v. Mole, 1 Sid. 107; Clarke v. Clement, 6 T. R. 525. One of two joint defendants discharged on ca. sa. by plaintiff, the other cannot be taken. Hayling v. Mulhall, 2 W. Bl. 1235; Freeman v. Freeman, Cro. Jac. 549. Execution issued against the bail, yet the plaintiff may charge the principal, unless it be shown that he was satisfied by the execution against the bail. Whitacres v. Hamkinson, Cro. Car. 75. Two are jointly and severally bound, and judgment had against one. In debt against the
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