44 MARYLAND COURT OF APPEALS

The Courts Opinion in the Case of M^r Sharpe

The s^d matter being thoroughly and maturely Debated and Considered
it is the Opinion of the Hon^rble Thomas Brooke Esq that the Petition does
not properly lye before this Court, but that the Petition' ought to be Re-
ferr'd to take his Course at Law.

The hon^rble Coll: John Courts is of the Same Opinion.

The hon^rble Coll: Addison is of Opinion that the Supersedeas and Writt
of Error are good Writts and therefore he ought not to be detain'd by the
Sherriff.

The hon^rble Thomas Tench Esq is of Opinion that the Supersedeas be-
ing directable to the Sherriff of Talbot County the Sherriff of Ann Arrundell
County was not Obliged to take Notice thereof.

The hon^rble Coll: Charles Hutchins is of Opinion that the Supersedeas
produced is a good Writt and that the s^d Sharp ought not to be detain'd in
Custody.

The hon^rble Colt: Nicholas Greenberry is of the Same Opinion.

The hon^rble S^r Thomas Laurence is of Opinion that the Supersedeas pro-
duced directed to the Sherriff of Talbot County could not debarr the Sherriff
of Ann Arrundell County from taking M^r Sharp in Execution upon the
Former Judgm^t

His Ex^ncy the Gov is of Opinion that this Court have noe proper nor
iegall Coginzance of the s" Writts in the way now broughft] therefore ought
to take his proper Course at Law.

Henry Denton Qui tarn ag^t Sloop Rob^t and Anne

M^r Smith being Concern'd to defend this Cause and being of the house
of Burgesses and now busye in the s^d Service is therefore Continued for Some
Short time.

[62] S^r Thomas Laurence Motion in the Case of Coll: Greenberry.

Moved by M^r Sollicito^r Gen^ll in behalfe of the hon^rble S^r Thomas Lau-
rence Barren¹ Secry^r how that an Action of the Case had been brought by the
s^d S^r Thomas in the Prov^l1 Court of this Province ag^t the hon^rble Coll: Nich^o
Greenberry to w^ch the Def^t pleaded to the Jurisdiction of the Court and was
adjudged by the s^d Court they had no Cognizance thereof ag^t which s^d
Judgm^t the Plantiff" Appealed to his Ex^ocy the Govern^r and Councill but was
denyed the Same, whereby the s^d S^r Thomas is left Remediless unless Re-
lieved by this hon^rble Court, therefore Prays the Advice of this Court whether
the s^d S^r Thomas ought to be admitted to his s^d Appeal or had any Relief for
the Same in this Province and thereupon he produced a Copy of the Record
and Proceedings of the s^d Cause from under the hand of the s^d Prov^ll Clerk
and lesser Seal of the Province, The plea and Judgm^t whereon was Read and