1 Md. 49
Decided September 15, 1722
Court of Appeals of Maryland · decided 1722-09-15
<p>THIS was an action of debt on a sheriff’s bond. Performance of conditions was pleaded. Replication that the sheriff ought to make due return of all writs and process, &c. That he returned a writ of attachment so negligently that it was quashed, and the plaintiff obliged to pay costs. Rejoinder. That the said sheriff was not obliged to return the said writ of attachment, or any other writs, process or warrants, to him directed, in due form of law; that he returned the writ according to the best of his power, skill, and knowledge, and traverses the negligence.</p>
Decided 1722-09-15
¶1Special Demurrer. That the rejoinder is no answer, the traverse immaterial and improper, and the conclusion improper. That the matter contained in the rejoinder is such as no issue can be taken upon, and it is uncertain, insufficient, &c. (See 2 Harris’s Entries, 574. for the re - plication and other pleas at length.)
¶2Judgment on the demurrer for the Lord Proprietary. ,