Provincial Court Proceedings, 1679. 173

putt the matter in question in tryall upon the Court or County nor is
itt Recorded that the Defend^t lett the judgement goe by default
6 Itt is Erred in this, in that itt is Said he made Oath to his account
but not that he made Oath that he never received any part or parcell
of itt which he ought to haue sworne, otherwise his Oath in his own
case is not warranted by Law
7. Itt is erred in this, in that the said account is for three journeys
to his house & attendance there six hundred pounds of tobacco, but
never alleadges what to doe, nor does the plaintiffe as he ought in
such case averr in this Declaracon he was a Doctor or Chirurgion
or person used or accustomed to attend sick persons, that he had
skill in Phisick & was used & wont to Administer Phisick in this
Province, & so that the Defend^t desired him to attend him & to
Administer Phisick &c And then should haue laid the Defend^ts as-
sumpsit in consideracon of such attendance or Phisick &c And in
fact averred the Administring thereof And in his account ascertained
what the same was, & so declared upon a quantum meruit, & so have
averred a demand & the Defend^ts refusall of pay before he had
comenced his suite
Whereupon the said Ralph ffishborne by Robert Ridgely his
Attorney aforesaid here came, and the said Ralph ffishborne saith
that in the Record & proces & also in the rendring of judgem^t afore-
said itt is manifestly Erred, & assigneth for Errors as afore, &
prayeth that the said judgem^t for these Errors & others in the said
Record & proces aforesaid be reversed revoaked adnulled & be held
for nothing Which Record proces & Errors aforesaid being read &
heard, the said Humphry Davenport by Robert Carvile his Attorney
saith, that in the Record & proces aforesaid And also in the rendring
judgem^t aforesaid itt is in nothing Erred And prayeth that the afore-
said Justices doe proceed as well to the examination of the Record
& proces aforesaid as to the aforesaid matter for Errors assigned
And the said Ralph ffishborne as above prayeth likewise And here-
upon the Record & proces aforesaid to the rendring the judgem^t
thereupon And the aforesaid causes & matters above by the said
Ralph for Errors assigned being seen, & by the Justices here fully
understood & diligently examined And for that itt appeareth to the
same Justices by the second reason for Error assigned that in the
Record & proces aforesaid as also in the rendring of judgem^t afore-
said itt is manifestly Erred Therefore itt is considered this day to
witt the seventh day of June in the yeare aforesaid that the judgm^t
aforesaid for the Errors in the Record & proces aforesaid are re-
voaked adnulled & altogether held for nothing And that the said
Ralph fishborne unto all things which he by occasion of the judgm^t
aforesaid hath lost be restored And that the said Ralph ffishborne
recover against the said Humphrey Davenport the sume of Eighteen
hundred twenty seven pounds of tobacco costs of suite

Liber N N