
    GENERAL COURT,
    OCTOBER TERM, 1789.
    Benjamin Ogle against Adam Ott.
    A CAPIAS AD RESPONDENDUM in debt having issued out of the General Court on the 3d of March, 1788, by the present plaintiff against one Joseph Chap line, and a declaration filed, and copy thereof sent to be served on the defendant with the writ; at the return day of the said writ, viz. at May terra, 1788, the defendant in this cause, being then Sheriff of Washington County, and to whom the said writ was directed and delivered, to be served on the said Chap line, who resided in the said County, returned thcsaid writ, thereon endorsed, “ Cepi and copy narr. left 26th March f and the said Sheriff being called on to bring the said Ghapline into Court, made default; he was therefore amerced the debt and costs nisi the next term. At the next term, viz. October, 1788, the said Sheriff, being again called upon to bring into court the body of the said Chap-line', again made default, and he was further amerced the debt aforesaid and costs of suit nisi the next term. At the next term, viz. May, 1789, the said Sheriff, being again .'Ciillcd upon to bring into Court the body of the said Chap/hze,made default. At this term, (October, 1789,) the plaintiff, by his attorney, moved the court for a final amercement against the said Sheriff, and it appearing to the Court that a demand had been made of the said amercement of the said Sheriff agreeably to the act of assembly, judgment was entered against the said Sheriff for 800/. current mo» ney, the debt in the declaration mentioned, and costs, with a memorandum that the plaintiff released the said judgment, on payment of the principal, interest and costs of suit.
   The defendant (Ott) afterwards brought a writ of error. and the judgment of the General Court was reversed in the Court of Appeals at June term, 1791„

Duvall, for the plaintiff in error»

Cooke, for the defendant in error.  