
    
      Everett v. Ellison's Administrators, et alios.
    
    
      Sci. Fa. against the defendants as sureties to an appeal bond. The administrators of the obligor, the principal in the bond, pleaded plene administravit; and no other plea being entered, a verdict was taken against all the defendants. The following reasons were moved in arrest of judgment:
    1. That the sci. fa. states, there was an appeal to the Newbern Superior Court, whereas the record shews that there was an appeal to the Equity side of the Court. 2. That the bond is not for prosecuting an appeal according to act of Assembly, but for prosecuting an appeal to the Equity side of the Court. 3. That the bond is blank, where it should specify the judgment and costs.
   Court.

The defendants by not putting the record in issue have admitted the statements in the sci. fa. to be correct.—Whether, independently of the exceptions taken in arrest, and which are confined to the appeal bond, the sci. fa. contains sufficient on the face of it, to warrant the judgment of the Court against the defendants, we do not decide. The reasons are overruled; but the sci. fa. is referred to the Superior Court to pronounce such judgment as the law requires.  