| Volume 748, Page 631 View pdf image |
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631) Attorney insoebeing the Accon layes it wrong soe the Defendant was forced to suffer a non Suite without any Tryall at all And to Comence his Accon againe for the tyme the Complt had the Sloope but through the Ignorance of the Attorney had not laid his Accon right And soe this Defendant was Nonsuited a Second time and Constrained for recovery of his right to bring an accon a third Time upon w.ch the Defendant recoverd Judgm.t in Talbott County Court within this province ag.t him the Complt from w.ch Judgment the sd Complt appealed to the proventiall Court of this Province And not withstanding all the reasons alleadged by the Complt against the said Judgment in the County Court the sd Judgment was held for good And to delay and litigiously to pplex the Defd.t the Plantiffe removed it into this Hono.ble Court Which being read before this Hono.ble Court and the Court finding it Absolutely necessary for better discovery of the Equity of the matter to Issue Commissions for examineing such Evidences on both sides that might be pduced by either partye whereupon it was ordered that Comissions Issue for Examining of the Evidences that might be produced on behalfe of the Complt And that the Sev.rall Depositions that might be taken should be Transmitted into this Hono.ble Court by all Convenient speed Then after which Commission was granted to M.r Rich.d Tilghman for that purpose And there with was sent Sev.rall Interrogatories to be proposed to such Evidences &c Who soone after Transmitted the sev.rall Depositions by him taken into this Hono.ble Court which was here read and follows in these words The answer of Anthony Rumball foll to the sev.rall interrogatoryes proposed by the Complt against Nicholas Low Defendant Aprill the 1.st 1703 Imprimis I doe know Alexander Forbes the Complt & Nicholas Lowe Defd.t 2.dly At the tyme that I did for the use of M.r Nicholas Low deliver the five man boat to M.r Forbes which was the Twenty Sixth of July 1697 as appears by a receipt taken of the said Forbes for the delivery of the said boat She was very much out of repaire as I was informed by the Skipper of the boat I alsoe did hear the Skipper and Cap.t Phillips in whose Service the boat had had been say that she had damnified Sev.rall hhds of Toba by meanes of Leakiness 3.dly The five man boat was very leaky and I was informed by the Skepper soe that he was forced to goe sev.rall times a day to pump her or else She would have sunk |
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| Volume 748, Page 631 View pdf image |
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.