
    William Alston versus Bullock & Potter, Bail of Searcy.
    This was a Scire Facias brought by the Plaintiff William Alston vs. the Defendants, in Hillsborough Superior Court of Law, as bail of Reuben Searcy, to which the Defendants, amongst other things, pleaded “ Nul tiel record.” The question made was, whether the omission of 2s. 8d. charged on the ca. fa. vs. the principal, was such a variance between the judgment and the scire facias as would sustain the plea of "Nul tiel record."
   By the Court.

There is no failure of record in this case. The judgment and costs correspond; a variance arises from an omission of a charge for the seal, which is contained in the first lift of endorsed fees; but that forms no necessary part of the record, and is not included in the judgment of the Court.  