
    _ __ _ GENERAL COURT,
    . __ MAY TERM, 1793.
    Allen Quynn, Administrator D. B. N. of Thomas Rutland against Hannah West, Executrix of Stephen West.
    
      SCIRE FACIAS on a judgment recovered at October term, 1786, by Thomas Rutland, executor of Thomas Rutland, against Stephen West.
    
    The following case stated, was agreed to, and submitted to the court for their opinion, viz.
    It is stated, that at a general court held at the city of Annapolis, on the second Tuesday of October, 1786, Thomas Rutland, executor of Thomas Rutland, obtained judgment against Stephen West, for 1,764/. 3s. 4¡d. current money, debt, and 909lb. tobacco, costs, which judgment was to be released on payment of 849/. 9s. 8d. with interest from the 31st of October, 1786, till paid, and the said costs.
    It is further stated, that a certain George Mason, on" the second Tuesday of May, 1786, obtained judgment in the same court against the first-mentioned Thomas Rut-land for 3,234/. current money, damages, and 862lb. tobacco, costs; and that on the 4th of August, 1786, he obtained on his said judgment a writ of execution in the nature of an attachment, directed to the sheriff of Prince George's county, returnable to the said general court, on the second Tuesday of October following ; at which time the said writ of attachment was returned, laid in the hands of the said Stephen West, on the said debt so by him due to the said Thomas Rutland, executor of Thomas; and that the said Stephen West appeared to the said attachment, as garnishee of the said Rutland: and it was so in the said court proceeded therein, that the said Mason obtained a condemnation in the hands of the said 
      Stephen West, on the second Tuesday of October, 1788, towards the discharge of his, the said Mason’s, judgment and execution aforesaid, for the said 849/. 9s. 8d. current money, and the said 909lb. tobacco, the principal money, and the costs mentioned in the aforesaid judgment obtained by the said Rutland against the said West, but did not obtain a condemnation for any sum on account of interest accruing from the 31st of October, 1786, on the said 849/. 9s. 8d. until the said second Tuesday of October, 1788. And if it shall be the opinion of the court, that the plaintiff in this cause ought to recover interest for that time, then fiat to be entered, to be released on payment of 101/. 18s. 9d. current money and costs; but if it should be the opinion of the court, that the said interest ought not to be recovered, then judgment to be entered for the defendant. “
    
    
      Cooke, for the plaintiff.
    
      Martin, (Attorney-General,) for the defendant.
   The Court

gave judgment on the case stated for the plaintiff.  