#### David Dickey, et al. v. John H. Alley, et al.

¿í sheriff's bond executed by an acting justice of the peace “ to A B, and the rest of the justices composing, &c.” is void

The cases of the Justices v. Shamionhouse (ante 2 vol. p. 6,) and tho Justices v. Armstrong, (ante 3 vol. p. 284,) approved.

Debt upon a bond given by the defendant Alley as principal, and several others as his sureties to “David “ Dickey, chairman of the county court of Rutherford, “and tho rest of the Justices composing said court,” with a condition for the faithful discliage by Alley, of the duties of sheriff of that county.

Pie a — non est factum. — On the trial before his Honor Judge D anted at Rutherford, on the Fall circuit of 18 31, *44}† appeared that Abraham Crow, who was one of the obli-gors, was, at the time of his executing the bond, one of the justices of the peace composing the County Court of Rutherford. Upon this appearing bis Honor nonsuited the plaintiffs, who appealed.

No counsel appeared for the plaintiffs.

Devereux for the defendants.

Gaston, Judge.

After stating the case as above, proceeded as follows: The case comes directly within the principles settled in the Justices of Pasquotank v. Shannonhouse. (ante 2 vol. p. 6,) and the Justices of Cumberland v. Armstrong, (ante 3 vol. p. 284,) and of other adjudications of this court. The judgment of nonsuit must be affirmed.

Per Curiam — Judgment aeeirmedv