
    GENERAL COURT,
    MAY TERM, 1791.
    Roger Boyce’s Administrator against Samuel Young’s Executrix.
    CERTIORARI to remove a record on a scire facias upon a judgment in Baltimore county court.
    The pleas were, payment, and nul tiel record; general replications and issues joined. Verdict for the plaintiff, and the following point was saved, at October term, 1790, for the opinion of the court, viz :
    The verdict of the jury, if given against the defendant, to be subject to the opinion of the court, whether payment to the deputy sheriff on a capias ad satisfaciendum, is good evidence to support the defendant’s plea, a default against the sheriff having been first entered.
    
      Martin, Attorney-General, for the defendant.
    
      A, Hall, for the plaintiff.
   The general court gave judgment, on the point saved, for the plaintiff.  