After stating the case, delivered the resolution of the Court, to the following effect: 1st. That the bond did not recite that the goods had been restored to the debtor, and, therefore, was not a statutory bond upon, which a motion could be sustained. 3d. That the act of Assembly did not give a motion against executors upon such bonds. Therefore, quacunque via data, the judgment of the District Court was right, and ought to be affirmed.

Judgment affirmed