
    Hamilton vs. The State use of Jameson.
    Appeal from Charles County Court. Debt on the testamentary bond, given on the estate of Marmaduke Semmes. 
      ; dated the Í8th of August Í808, and conditioned,- “that if the above bound Francis P. Hamilton, who intermarried with Letiña II Semmes, appointed executrix of Marmaduke Semmes, late of Charles county, deceased, shall faith-Tally pay all just claims against the deceased, and damages which maybe recovered against him as executor aforesaid, and also all legacies' bequeathed by the will of the said testator, then,’’ &c. General performance was pleaded. Replication, nonperformance! — Breach assigned, the nonpayment of an account of Jameson, for Whose use this' suit was brought, against the testator, for medicine and attendance, &c. General demurrer to the replication. Joinder in demurrer. The demurrer was overruled by the county court, and judgment entered for the plaintiff for the penalty and costs, to be released on payment of, &c, From this judgment the defendant appealed to this court, where the cause was argued before Chase, Ch. J. and Buchanan9 Johnson, and Martin, J. by
    
      In tin action ora an admiimtratiou bund, the condition of which wast not in the words of tiis form inscribed oy the act of 17#?, ch* 101 *$vb ch 3,«? 11, mWo ch. Id, s C, the defendant pleaded perfbmisneC, and to the replication, assigning fur breach the nonnaymem of an account which the person, for whot-e use the actio** was brought., had against she deceived, the defendant demurred Suntirrev qverAuitd®
    
      Chapman, for the Appellant,
    who stated that the only
    point for the court to decide was, whether or not the forra of the bond entered into was according to the formula prescribed by the act of 1798, ch. 101, sub ch. 3, s. 11, or sub ch. 14, s. 6. He contended that it. was not, and not being so, no action could be sustained thereon.
    No Counsel appe'ared for the Appellee.
   JUDGMENT AEFIRMEb* '  