For the reasons given by the Court in the case of the State upon the relation of Hughes against the same defendants as those now before us, 5 Ire. Rep. 203, we deem the objection, that the bond was never taken by any Court, to be fatal to the relator’s right to recover in this action. The judgment must therefox-e be reversed and a venire de novo awarded.

Per Coriam. Judgment reversed and venire de novol

*534 L