Anonymous , 3 N.C. 110 ( 1800 )

Per curiam.

The single fact of having been arrested on a. ca. sa. without saying that he was discharged from custody by-consent of the plaintiff, will not discharge the judgment, for he-might have escaped, or have been discharged by the officer ; and as the plea has not stated how he come out of custody, the presumption is, that he obtained release by such means as would not discharge the judgment.

Judgment for the plaintiff.