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Proceedings and Acts of the General Assembly, October 1678-November 1683
Volume 7, Page 501   View pdf image
  << PREVIOUS  NEXT >>
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Assembly Proceedings, OctoberNovember 1683. 501

ment of the Upper house Yesterday and this house will forth-
with Adjourn that the Upper house may have this Room as is
desired—
Signed pr Order C Boteler Cl of the Lower house of Assembly

The house Adjourned to the Lower house Room to hear the
Errors.
The house Sat again
Present
The honourable
Coll Henry Coursey Coll William Burges
Coll Thomas Taylor Mr Secretary Darnall
Coll Vincent Lowe Mr Secretary Sewall
1 Coll Henry Darnall Major Thomas Trueman
Coll William Stevens

U.H. Journal
1659-98

Collins—

agt
John Watkinson
& Thomas Collins

Now here at this Day appeared before this
house the said John Watkinson by Robert Car-
vile his Attorney and the said Thomas Collins

by Thomas Burford his Attorney, and then was read all the
proceedings Between the said Watkinson and Collins in the
Provincial Court of this Province as the same remained upon
file in this house and upon Record in the Provincial Court
aforesaid; The Errors Assigned in the said Proceedings are
as followeth

Thomas Collins

agt
John Watkinson

And the said Thomas Collins by Thomas
Burford his Attorney saith that in the Records
Proceedings and Judgment aforesaid so as afore-

said Given is Manifest Error and Assigneth for Error—

Ist That whereas upon the issue aforesaid the Jury being to
Trye the Matter in Controversy and having found the Matter
in issue for the Defendant the Court hath given Judgment
against the Defendant which said Judgment is Neither War-
ranted by the said Verdict nor by any Law or Authentick
Precedent, No Judgment being to be given but upon Matter
of issue found or Confessed—

2dly That the reasons Offered by the said Watkinson in Stay
of the Judgment which should have been Given for the said
Collins were altogether insufficient to stay or Arrest the said
Judgment because the said reasons and the Matter therein
Contained were altogether nuge frivolous and debase the
Record and had they been Material and Sufficient to Stay the
Judgment (which they were not) yet by no Colour of Law or
reason could they be Capable to produce a Contrary Judgment
against the party for whom the issue was found, And therefore
this Sandy Judgment having no foundation in Law or reason
is altogether Erronious and Void—

3dly The Judgment aforesaid is Manifestly Erronious because

 

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Proceedings and Acts of the General Assembly, October 1678-November 1683
Volume 7, Page 501   View pdf image   << PREVIOUS  NEXT >>


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