
    C. B. King v. Thomas Simm, bail of R. H. Love.
    If the principal be discharged under the insolvent law of one of the States after the judgment against him in this Court, and the motion to discharge the bail be made at the return term of the scire facias against the bail, the Court will discharge him, upon payment of the costs of the scire facias.
    
    The scire facias against Thomas Simm, special bail of Eichard H. Love, was returned at December term, 1820, at which term the motion was made to exonerate the bail, on the ground that the principal has been discharged under the insolvent law of Virginia, since the judgment rendered against him in this Court.
    
      Mr. Randall, for the defendant.
    
      Mr. Turner, for the plaintiff,
    cited the following cases in this Court, viz.: Boyer v. Herriy, in July, 1805, (1 Cranch, C. C. 251); Byrne v. Carpenter, June term, 1808, (1 Cranch, C. C. 481); Bussardv. Warner, at June term, 1815, [ante, 111.] And also Woolley v. Cobbe, 1 Burr. 244; Cockerill v. Oiuston, 1 Burr. 486; Harris’s Entries, Plea of insolvency of the principal; 1 Saund. 2, 61; Walker v. Giblett, 2 W. Bl. 811; Donnelly v. Dunn, 1 B. & P. 448; S. C. 2 B. & P. 45; Martin v. O'Harm, Cowp. 823; Southcote v. Braithioaite, 1 T. R. 624.
   The CouRT

[nem. con.) ordered the exoneretur to be entered, on payment of the costs of the scire facias. The Court at a former term had decided the same point in the case of Robert Bayley.  