
    GENERAL COURT,
    OCTOBER TERM, 1791.
    
    William Allein against James Pattison.
    THIS was an appeal from Calvert county court. The record states it to be an action of debt against Allein, sheriff of said county, on an escape. The declaration stated, that in April, ^1787, Pattison recovered a judgment against John Lane, and at the same term the said Lane was committed to the said Allein, as sheriff, “ in execution,” at the suit of the said Pattison. Plea, nil deket, with leave to give any matter in evidence that might be given under the plea of no escape.
    
    The plaintiff, to support the issué on his part, read in, evidence to the jury, the docket entry of the commit* ment of Lane, showing that at April, 1787, he recovered judgment against him, and that Lane, at.the same term, surrendered himself in discharge of his bail, and for the want of new bail was committed to the custody of the said Allein, he being sheriff of the county, and present in the said court. The defendant objected to the said docket entry being evidence of the commitment of Lane in execution, and prayed the court to direct the jury that the said record of commitment, produced and read, was not evidence of the commitment of Lane in execution, sufficient to support the declaration. The court were of opinion, and so directed the jury, that the said record was evidence for the purpose aforesaid. The defendant excepted to this opinion.
    
      Gant and Kilty, for the appellant,
    
      Pinkney and Key, for the appellee.
   The general court affirmed the judgment of the county-court.  