Booker's exrs. v. M'Roberts

PENDLETON, President. After stating the case, delivered the resolution of the Court as follows: The Court think it immaterial whether the creditor had or had not a remedy by motion, under the act of Assembly, [c. 12, § 14, 5 Stat. Larg. 534,] since the act having no negative words, the creditor had his election to pursue the statutory mode, or his common law remedy on the bond.* Judgment affirmed. Footnotes [*] [* Com. Dig. Action upon Statute (C.)]