
    GENERAL COURT,
    OCTOBER TERM, 1791.
    Thomas Worthington against Charles Filthy.
    THIS was an appeal from Baltimore county court. The record states it to be an action against the defendant, the appellee, for rescuing a certain Joshua Brown out of the custody of a person specially appointed a deputy sheriff, who had, by virtue of a writ of capias ad respondendum, issued out of the county court of Baltimore, and deputation from the sheriff of Baltimore county, arrested the said Brown in an action on the case.
    At the trial of the cause the defendant prayed the direction of the court to the jury, that to maintain this action on the part of the plaintiff, it must appear in evidence to the jury, that the sheriff has duly returned to court the writ against the said Joshua Brown, at the suit of the said Thomas Worthington, and also the rescue of the said Brown• The court gave the direction as prayed for. The plaintiff excepted.
    
      Hollingsworth, for the appellant.
    Smith, for the appellee.
   The general court reversed the judgment of the county court.  