3 Md. 242
Decided October 15, 1794
General Court of Virginia · decided 1794-10-15
THIS was an action of debt on a writing obligatory, dated the 1st of August, 1783, executed by Zachariah Owens and James Beck, the defendant’s intestate, conditioned for the faithful performance of the said Owens of the office of deputy sheriff and collector, to the plaintiff, who was sheriff and collector of the taxes for the county of Prince George. The defendant pleaded per-1 formance.
Decided 1794-10-15
¶1The Court
¶2being divided in opinion, the evidence was not permitted to be given. Whereupon the plaintiff, by his counsel, prayed leave to except according to the form of the act of assembly in such case made and provided.
¶3The plaintiff appealed to the court of appeals, in which court, at June term, 1796, the judgment was affirmed.