
    M’Combs et al. vs. Hall and Boddie, Executors, &c.
    
    Where a bond is given, conditioned to prosecute a bill of injunction with effect, a. scire facias founded on such bond, must aver that the principal failed to prosecute the injunction with effect.
    The scire facias recites that Combs and others recovered against William Nash, for costs, the sum of one hundred and twenty four dollars; that aca. sa. was issued to the proper county and returned not found; and that Barry had entered himself bail by bond, conditioned that if said Nash should with effect prosecute his bill of injunction, or if he fail, pay and satisfy the judgment enjoined, and the costs of the circuit court, and the costs of the court of equity, then the bond to be void. .The sci. fa. then avers that Nash has not paid the costs, &c.; that Barry has departed this life, and that Hall and Boddie are his executors, wherefore they are notified to appear and show cause why execution against them shall not be had, &c.
   Peck, J.

delivered the opinion of the court.

There is no averment in this scire facias, that Nash failed to prosecute his bill of injunction with effect. From the terms of the bond as recited, it is on the breach of this condition that the liability of the executors can attach. The sci. fa. is therefore defective.

Thompson, for plaintiff in error.

T- J. Lacy, for defendant in error.

Judgment reversed.  