
    POWELL and LORD against CLARK.
    ON CERTIORARr.
    Suit on bond conditioned to deliver goods, must be in debt on the penalty, not in covenant.
    
    The action below was an action of covenant, brought by Clark against Powell and Lord, on a bond in the usual form for $200, conditioned for the delivering up certain goods taken in execution at a certain time to Clark, who was a constable, and had levied on the goods. Breach assigned is not delivering the goods at the time mentioned in the condition.
    
      
      
        Sed quere, 3 Swanst. 648; 1 Oh. Ca.-294.
      
    
   [*]

Kirkpatrick, C. J.

There are several reasons assigned for the reversal of this judgment. The only one which I think necessary to take notice of is, thgt the action is an action of covenant, when it ought to have been debt; this appears to me a fatal objection an action of covenant will not lie on bond with a condition to deliver property; it should have been an action of debt.

The other justices concurred.

Judgment reversed.  