
    GENERAL COURT,
    OCTOBER TERM, 1794.
    The State, for the use of Joseph M‘Reily, against Covington Wailes.
    THIS was an action of debt on a sheriff’s bond, taken under the act of 1715, c. 46. The defendant pleaded general performance, and the plaintiff replied non-performance, assigning for breach, an escape under a capias ad respondendum. (See the plea in 2 Harr. Ent. 403.) The defendant demurred generally to the replication.
    Pinkney, for the appellant.
    
      Kiltyi for the appellee.
   The Court

gave judgment on the demurrer for the de-

fendant.

The plaintiff appealed to the court of appeals, and, in that court, at November term, 1796, the judgment was. affirmed.  