
    Woodruff vs. Smith and others.
    No judgment by motioh can be had against the security on a prison bounds bond, taken payable to tile jailer of-the county, and by him assigned to the plaintiff in the execution.
    Smith was arrested, and a prison bounds bond taken to J. H. King, jailer of Henry county, to which Woodruff was security. Smith broke the bounds, and Woodruff was moved against in the county court, and judgment had against him.
    
      Henry A. Garrett, for plaintiff in error.
    The plaintiff in error insists that the judgment should be reversed, because,
    1st. The bond is not taken in pursuance of the act of 1741, ch. 18, sec. 3, and 1821, ch. 28, sec. 1, and 1759, ch. 14, sec. 2. The act requires that the bond should be taken to the sheriff. The bond ought also to show that the party was arrested by the sheriff or a constable, and also from what court the process issued. This bond only states that Smith was arrested by Jesse Gainer on a cct. sa. at the suit of Smith, Bills and Carter; it no where appears on the record and bill of exceptions which sets out the whole of the testimony, that Jesse Gainer was authorized to arrest him, nor does it appear that the execution was issued on a judgment.
    2d. The judgment is taken against Woodruff alone, and the act of 1759, ch. 14, sec. 2, only authorizes a motion against Smith and his securities; neither does it appear that Smith had notice of the motion.
    3d. This is a motion in the name of Smith, Bills and Carter for the use of Jno. Gibbs, and the act does not authorize a motion in the name of one for the use of another. For- these reasons the plaintiff in error insists that the judgment should be reversed, and judgment for plaintiff.
    Bradford, for defendant in error.
   Catron, Ch. J.

delivered the opinion of the court.

Neither the bond on its face, the assignment thereof by the jailer, nor the facts set forth by the proceeding and judgment below warranted a . recovery. Haywood and Cobbs, 269, 271. The judgment will be reversed and the defendant go hence.

Judgment reversed.  