Ballard v. Averitt ( 1799 )

By

the Court.

Unless the manner in which a defendant came out of custody, be stated in a plea of this kind, it is to be presumed that he obtained his discharge by some of those means which still leave the judgment in full force. He may have escaped, or the officer who took him may have suffered him to go at large, in neither of which cases would the plaintiff lose the benefit of his execution. The cases cited are conclusive.

Judgment for the Plaintiff.