| Volume 67, Preface 13 View pdf image (33K) |
Introduction. xiii
A while back he went from page 297 to page 398 (Archives LXV, p. x). The
case of John Thompson v. John Atkey came up from Calvert County on appeal
“And the defendt appeareing by Robert Carvile his Attorney And the said
John Atkey not appearing to prosecute his writt of Error & Supersedeas a
Procedendo is granted” (post, p. 178). But since it was Atkey who had ob
tained the writ of error, it was he who should have been named plaintiff in
error before the Provincial Court. Sometimes he makes mistakes in names. In
the first mention of Gittings's Administratrix v. Rhodes (post, p. 38), her
name is given as Mary. Folio 332 of Liber NN shows that, unmistakably.
But the administratrix of John Gittings was named Margaret; the record when
the case came to trial (post, pp. 55-56 shows that, just as clearly, and the name
is repeated five times. Again, the text on pages 24 and 99, post says plainly
that Amiah Eagle was the administratix of William Burges, William, not John,
That use of William is the clerk's error. The case comes first to attention on
page 433 of volume LXVI, where the dead Burges is John. When the case
comes before the Court and is disposed of, John is the only Burges mentioned,
so that it is reasonable to conclude that John is correct. Amiah's later husband
is William Eagle: perhaps Clerk Painter confused him with the dead man and
called Burges William too. Again, in the case of Robert Carvile v. Abigail
Wright, administratrix of Arthur, she is ordered to show cause why execution
should not issue against the estate of Abigail Wright. Abigail, not Arthur
(post, p. 223).
Many men appeared before the Court as attorneys, although only three were
sworn in at this time: they were Nehemiah Blackiston, John Blomfeild who
had been clerk of the Court, and William Crosse (post, pp. 1, 144). Twenty-
two different attorneys appeared for clients or for themselves, but some of
them had no more than one or two cases. Five or six attorneys took care of the
bulk of the legal business. Attorney General Kenelm Cheseldyn appeared in
some ninety cases for private clients, in addition to the ten or so in which he
was a party, and to those he handled as attorney general. Robert Carvile and
Robert Ridgely each had more than a hundred cases, and each was a party in
others. One attorney, George Parker of Calvert County, seems to have tried
to collect the same judgment twice, but the Court stopped him. In April 1674,
according to Sheriff Thomas Taillor of Dorchester County, Parker, during a
session of the Court, said loudly and audibly that the sheriff had refused to
serve some writs given him to serve. Such a charge as this, whether true or
not, could bring the sheriff into disrepute and could lead to the forfeiture of
his bond of office. Accordingly, Taillor sued Parker for 200,000 pounds of
tobacco. When the case came to trial, Taillor did not appear to prosecute his
case, and he was therefore nonsuited and Parker was given a judgment for
642 pounds of tobacco for his costs (Archives LXV, pp. 335-388). To collect
his judgment, Parker got a capias ad satisfaciendum on which Taillor was duly
brought into Court and had on execution issued against him. This was in 1674,
but in December 1677, Parker again tried to get an execution for the same 642
pounds of tobacco. When his writ of scire facias came to trial, his opponent
Taillor told the Court that both writs concerned the same judgment, and that
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| Volume 67, Preface 13 View pdf image (33K) |
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