
    Columbia, November Term, 1814.
    David B. Mitchell vs. John Darracott.
    Bowie, for the Motion,
    Yancey, Contra.
    
    Case from Abbeville district.
    Constitutional Court of Appeals, Nov. 1814,
    Motion to reverse the decisions of the Circuit Court.
    these We bind and admin istrators, everyand of them, jointly & severally-, is ajoint and sever- and°the’ may^he* sued sep-<ArStdY •
    This was an action of debt, on a bond given by the defendant and two others; to which the defend-pleatled in abatement, that the bond was a joint k°n(lj ami not joint and several; and that, therefore, all the obligors ought to have been sued. To this plea there was a general demurrer and joinder,
    The material words in the bond were these: ' “ ive bind ourselves, our heirs, executors, and ad- “ ministrators, and each and every of them, jointly “ an<l severally.” The court held this to be a joint bond, and gave judgment for the defendant. This _ was, therefore, a motion to set aside this judgment, and for a new trial.
   Bay, J.

. I have no doubt, from the wording of this bond, but that it is a joint and several bond; and that the action was well brought. I am, therefore, of opinion that the judgment should be set aside, and that the cause should be restored to the docket for trial.

Justices Ngtt, Brevard- and G-rimke concurred.  