#### GEORGE W. SWEPSON v. JOHN C. HARVEY and C. L. HARVEY.

Actions upon contracts entered into before the ratification of the Code: must be returned before the Clerk.

MotioN to dismiss an action upon a bond, made before-Tourgee, J., at Fall term 1868, of the Superior Court of Alamance.

The bond was executed January 20th, 1866, and the summons was returnable to the term of the Court.

His Honor allowed the motion, and the defendants appealed..

Phillips & Merrvmon, for the appellant.

John W. Graham, contra.

[The opinion in Smith v. McIlwaine, ante 95, covers this case and that of The Raleigh National Bank v. Johnson; the facts in which were the same as in this case.]