Supreme Court of North Carolina June 5, 1852 (Threadgill v. . West)

•Nash J.

In iheopinion of his Honor who tried the cause, there is no error. The action is on a bond, given by James . Ross, as administrator of Sherod Bailey, to which the defen-' dant was one of the sureties, and is dated the 13th of April 1826. The bond being defective as an official bond, the declaration is at common law.