
    John Field and Son against John Colerick.
    Special bail required where a former suit has been brought for the same cause of action, and no bail given.
    Mr. S. Levy moved to discharge the defendant on common bail, there having been an amicable action entered by-the plaintiffs against the defendant some time ago, for the same cause of action, in Washington county.
    Mr. Hallowel for the plaintiffs,
    urged that no bail was given in the amicable suit.
   Per cur.

The bail is the vexation. And if bail had been given in the former suit, it would be a good ground of discharge on common bail now. The reason why there is no bail to debt on a judgment, is because there is bail in the original action. 2 Barnes. 93. 1 Bl. Rep. 507. Sayer 43. 2 Stra. 1039. 2 Wils. 29. Comy. 556. 2 H. Bla. 278.

Motion refused,  