Reynel v. . Elworthy , 1 N.C. 733 ( 1793 )

Jermyn. I grant that every obligation which is not within the words (as our case is) is not within the meaning. Bewsage's case *and 21 H., 7, 16, 17. Where it was held that if a marshal brings one here, who is utlagatus to sue error, he may charge for his labor.

DODERIDGE, J., agreed to the distinction taken by Damport. Antea, p. 648; Poph., 165.