Volume 717, Page 140 View pdf image |
131) 140 To the Hono.ble Thomas Notley Esqr Governo.r of Maryland and Cheife Justice of the Provinciall Court & the rest of his Lordshipps Justices of the same Court The humble peticon of Thomas Taylor sheriffe of Dorchest.r County Humbly sheweth That yo.r Peticoner by a writt out of the County Court of Dorchest.r County aforesaid dated the fifth day of March One thousand six hundred seaventy seaven Did arrest the body of one Anne Obrian att the suite of John Rawlings in an accon of trespas upon the case upon w.ch writt hee returned Cæpi the County Court following held the fourth of June One thousand six hundred seaventy Eight and had then and there the body of the said Anne according to the Teno.r of the said Writt Att w.ch Court the said Anne appeared by John Haslewood her Attorney Who desired imparlance till the next Court and itt was granted by the Court & Recorded The next Court being the sixth of August One thousand six hundred seaventy Eight the plt declared against the Deft for Three hundred forty foure pounds of Tobacco due by accompt and upon the motion of Thomas Paddison Attorney for the p.lt The Court ordered that yo.r peticon.r being sheriffe as aforesaid should bring on the body of the said Anne att the Court to bee held the third of September then next Otherwise Judgm.t to bee Entred against the said sheriffe to pay the said Rawlings the said debt wth Costs of suite and att the Court held the said third day of September aforesaid the said Justices did upon the then motion of the said Pattison Given Judgment and Cause the same to bee Recorded against the said Thomas Taylor to pay the said John Rawlings Three hundred forty foure pounds of Tobacco forthwith w.th Ann Obryans and his Costs of suite Whereupon the said Thomas Taylor desired to appeale from the said Judgment to this Hono.ble Court & putt in security according to the Act in such cases as by the Transcript of the Record of the said County Court more fully appeareth Now forasmuch as the aforesaid Proceedings and Judgment against yo.r pet.r are altogether Arbitrary Illegall and Eroneous first In that the said Comission.rs executed upon yo.r peticon.r as sheriffe to bring in the body of the said Anne the second Court after they had admitted of the appearance of her Attorney & granted him Imparlance as aforesaid When as yo.r peticoner had noe Authority of the writt to deteyne her inpacisson Longer then the first Court secondly If your peticoner had failed to produce the body of the said Ann according to the retourne of the said Writt The plaintiffe had his Remedy att Law against yo.r peticoner and the aforesaid Justices Legally could but have amerced yo.r said peticon.r untill hee had produced the said defend.t or have Caused him to assigne Over the bayle bond to the p.lt Thirdly For that there never was suite depending before the said Justices or any accon Commenced in the said Court by the said Rawlings or any person on his behalfe against yo.r peticoner for or Concerning the matter for wch the said Justices have given Judgment for your said peticon.r to pay the said Rawlings Three hundred forty foure pounds of Tobacco w.th y.e Costs of suite of y.e said Rawlins & of the said Anne Obryan Therefore the aforesaid Judgm.t being Arbitrary Illegall and Erronius as aforesaid Yo.r Peticoner humbly prayes that the same Judgment may by your Hono.rs bee Reversed and Quashed and that your Peticoner may have his Costs and charges in this behalfe Unjustly sustained And the said John Rawlings by Robert Ridgely his Attorney cometh and dependeth the force and Injury when &c And prayeth Liberty to imparle hereunto untill next provinciall Court and itt is grannted unto him the same day is given to the plantiffe alsoe Now here att this day to witt the eleaventh day of October in the fourth yeare of y.o dominion of Charles Lord Baltemore &c Annoq Domini One thousand six hundred seaventy nine came the said parties by theire Attorneys aforesaid and the said Thomas Taylor by his Attorney sayth that in the Record and proces aforesaid as also in the Rendring of Judgment aforesaid itt is manifestly Erronius in the Errors aforesaid by him in for me aforesaid alleadged and prayeth that the Judgment aforesaid bee Revoaked & adnulled (& |
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Volume 717, Page 140 View pdf image |
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