Volume 851, Page 206 View pdf image |
June Court
1736
206 Creek in the same County twelve &.a by whom &.a and who neither &.a to recognize &.a because as well &.a and afterwards Immediately Came thereof the Jury &a and the Jurors of that Same Jury by Joseph McClester Gent sheriffe of the County afd to this Impannelled being Called Came to witt Robert Jones Joseph Wailes Christopher Nutter Angello Atkinson William Porter, Thomas Peal, Thomas Winder Jonathan Sturges John Reddish Charles Townsend John Roach Benjamin Townsend who to say the truth of the premises afd being duely Elected tryed and sworn upon their Oath do say that the afd Nathaniel Brittingham is guilty of the premisses afd in manner and form as the afd Thomas Lambden above against him hath Complained and assessed the damages of the same Thomas by Occasion of the premisses afd further than his Costs & Charges by him about his suit in that part apposed to tenn pounds Curr.t money of Maryland and for those Costs and Charges to One pound of tobacco &a whereupon the said Nathaniel Brittingham by his attorney afd prays that noe Judgm.t may be given against him on the Verd.t afd for the Reasons following vizt Reasons why Judgm.t out not Ought not to be rendered for the plft are 1: for that it is Said by the plft in his declaration that the words therein Alledged to be Spoken by the deft are Charged to be Spoken to the plft in the second person and by Every Evidence upon the tryall what words were proven appeared to be spoken only of the plft & in his absence 2: that there is neither time or place of Speaking the words Laid in the declaration 3 that the words Laid in the declaration are not actionable Whereupon all and Singular the premisses being seen and by the Court now here fully understood and mature deliberation thereupon had it seemeth to the same Court here that the reasons afd to stay Judgment on the Verdict afd are not sufficient in Law to hinder Judgm.t to be given on the Verdict afd so as afd Rendered on part of the afd Thomas Lambden Therefore it is Considered that the afd Thomas Lambden Recover against the afd Nathaniel Brittingham his damages afd by the Jurors afd in form afd assessed as also Two thousand Four hundred & Fifty 2457 Eight pounds of tobacco for his Costs and Charges to the same Thomas by the Court hereof his assent of Increase adjudged which Certain damages in the whole do amount to ten pounds Curr.t money of Maryland and Two thousand Four hundred & Fifty Eight pounds of tobacco and the afd Nat in mercy &a
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Volume 851, Page 206 View pdf image |
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