Butterworth v. White

In every case of this kind, the court must exercise a sound discretion. While a defendant shall not be twice vexed by being held to bail for the same cause of action, yet where the circumstances show there was no actual oppression, and no design to harass, the court will not allow the defendant so far to take advantage of a mere inadvertence or mistake of the plaintiff in the first instance, as to obtain a discharge on common bail on a second writ rightly issued.

Rule discharged.