GENERAL COURT, MAY TERM, 1790.

Francis Ware, Sheriff of Charles County, against
Gustavus R. Brown.

APPEAL from Charles County Court. It appears by the record transmitted, that a ca. sa. issued from the County Court directed to the Sheriff of Charles County against a certain Ignatius Luckett; that the said writ was served by the said Ware, Sheriff, returnable to September term, 1787, when they were returned. That default was entered against the said Sheriff at the said term, for not bringing into Court the said Ignatius Luckett, so taken in execution, and that at an adjourned Court of the same term, (in March, 17&8,) the said Sheriff brought into Court the said Ignatius Luckett, and offered him in execution, and prayed that the default so entered against him might be struck out; but the County Court refused to receive the said Luckett in execution, or to striae out the default, nor would the plaintiff in the cause in which the execution had issued, or his counsel, pray the defendant in execution, or commit him.

Afterwards, on the prayer of the counsel of the plaintiff, (at the same adjourned Court,) The Court permitted the plaintiff to enter up judgment on the default against the May,

The General Court reversed the judgment of the County Court.

Refernce Data:

Maryland Reports, A Seriesof the Most Important Law Cases Argued and Determind in the Court and the Court of Appeals, by Thomas Harris Jr. and John McHenry, May 1780 to 1790, W. C. Wiley, New York, 1812, page 456-7