Kensington Bank v. Wilkinson

The defendant had an opportunity to move for his discharge from arrest under the capias ad satisfaciendum, according to the 15th and 16th sections of the act of 16th June, 1836. (Stroud’s Purd. tit. Insolvents.) Of that statutory remedy *167ho failed to avail himself, but voluntarily gave the bond on which the suit is brought. Under such circumstances, the bond is good under the statute, and the plaintiff is entitled to recover on it.

Judgment for plaintiff.