To William Tilghman
[28 April 1823]
In Court—
My dear Sir
Will you have the goodness to inform me what is the practice of the Sup. Court in the folowing cas[e]?
In an action on a Book account, the deft gave a bail bond for his appearance, but failed to perfect bail above. The plf. recd an assignment of the bail bond on which he brought his action & recoverd Judgt on the replication of no such record to the plea comferent ad diem.
In what manner is the debt due by the original deft to be ascertained? what is the Judgt in this Case? for the penalty of the bail bond, or merely that it stand Security for the debt due, to be ascertained? If the latter, is it to be ascertained in the original Suit—or on a writ of enquiry in the bail bond Suit—or in what other manner? Believe me very truly yrs
Bush. Washington
ALS, MdHi: Tilghman Family Papers. A copy of Tilghman's reply was written, in Tilghman's hand, directly below BW's signature.