MARYLAND COURT OF APPEALS 137

dent and Councill of Maryland came the said Magdalen Edmondson in her
owne proper person and saith that in the record and process aforesaid as
also in rendring Judgment and awarding Execution thereon there is manifest
Error.

i^st Imprim⁸ it is Erred in that the plantiff Hugh Hall as Adm^r to Hugh
Hall his father brings debt against the heir in the debet and detinet whereas
it should be brought in the Detinet only.

2^d It is Erred in that the said Hugh Hall did not declare upon the
bond by way of recitall and doth not shew by whom Administration was
comitted.

3^dly It is Erred in that the Court gave Judgment upon the Audite the
bond being not confessed and the Court had no power to give such A Judg-
ment but should give it for the penalty.

4^thly It is Erred in that the Judgment is against James Edmondson as
heir and that the debt recovered is not award[e]d to be leavyed of the lands
descending to him from the obligor

gthiy jt js Erreci that Execution of the said Summe recovered is awarded
against the goods and chatties of the said James in in [sic] the hands of the
said Magdalen remaining to be Administred

6^thly By the said Hugh Halls owne shewing no such Scire facias lyes
[202] 7^tbly It is Erred in that Additionall costs are given on the Scire facias.

And thereupon the same Magdalen prays the writt of our Lady the
Queen to warne the said Hugh Hall Administrator etc. to be before the
Honoble president and Councill to hear the Record and process aforesaid.

Magd[a]len Edmondson

And the said Hugh Hall Administrator etc. as aforesd by Wornell Hunt
his Attorney comes and prays that the Writt of Error so as aforesaid brought
by the said Magdalen Edmondson Administratrix as aforesaid may be quast
and set aside for that the Record transmitted to this Hono^ble Court is not
according to the tenour of the said Writt. Which being considered by the
Court here is found to be true and is adjudged Sufficient by the whole Court
for to quash the Same Writt and is Quasht accordingly and the Def^t allowd
his costs.

Thomas Macknemara ag^t Her Majesty
In Error

The said Thomas Macknemara having obtained her Majestys Writt
for correcting of Errors in A Judgment late given against him in her
Majesty's Provinciall Court and given securely for prosecution thereof M^r
Thomas Bordley one of the Attorneys of this honoble Court offers to appear
and prosecute the said Writt as his Attorney but it being required of him to
produce his Warrant doth not offer any sufficient And the said Macnemara
having absented himself out of this Province this honorable Court refused