Volume 70, Page 130 View pdf image (33K) |
130 Provincial Court Proceedings, 1681/1682. Liber W. C. erty to Imparle hereunto untill next Provinciall Court and It is granted unto him the same Day is given to the plt likewise Now here at this day to wit the seaventh day of March in the Seaventh yeare of the Dominion of the Right Honobie Charles Lord Baltemore &ca Annoq Doni 1681 Came the Said partyes by their Attorneys aforesaid and the said John Nicholls by her sayd Attor ney sayth That the appeale of the said Susanna from the Judgment p. 506 of County Court of Baltemore County Given on the seaventh day of July 168o: in the Cawse there Depending betweene the said John Nickolls plt & the said Susanna Uty deft was not made and Claymed according to a Certaine Act of Assembly Enacted at the Citty of st Maryes Att a General Assembly there held the Twen tyeth day of Octobr in the third yeare of the Dominion of Charles &c. Annoq Doni 1678: Entituled an Act for Appeales and Regu lateing writts of Error, ffor that the said Judgment that was Ap pealed from was given att a County Court held for the said County of Baltemore the seaventh day of July in the yeare 168o aforesaid, and the said susanna did not appeale in the said Action whilst the next County Court held for the said County viz the Eighth Day of September the next Following, The said Appealee haveing Slipt her time to appeale Noe Remidy can be had therein but by writ of Error, And since the Justices of this Court of any appeale from ye County Court can hold plea onely by vertue of the said Act of Assembly before recited & by noe other Lawe whatsoever The said appealee Demands Judgment of the Court if the said appealant have ing neglected to appeale from the Judgmt of the County Court aforesaid to this Court, the Day of the Judgment given, Whether she can by the said Act of Assembly be Admitted to appeale the Court after, And further if this Court the Argueing the Errors by her assigned in the Judgment aforesaid by the Lawe Can Admitt The said Appeale not being made in Due time, And prayeth that he may be hence Dismissed wth his Losts and Uharges in this behalte vexa tiously sustained: Which Reasons aforesaid and answeare to the reasons aforesaid being read and heard & by the Justices here fully undrstood and Dilligently Examined Itt Semeth to the Justices here that the afore said Reasons of the aforesaid Susanna Uty in manner aforesaid Specifyed and the matters therein Contained are sufficient to reverse the Judgment aforesaid the same being manifestly vitious and Erro neous: and the said John Nicholls being three times Solemnly Called appeared not Therefore Itt is Considered by the Court here that the Judgment aforesd for the Errors in the Record and Processe aforesaid Be Revoaked Adnulled & altogether held for Nothing And that the said Susanna Uty unto all things wch by occasion of the Judgement aforesaid she hath Lost be Restored And that the said Susanna Uty Recover against the said John Nicholls the sume of |
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Volume 70, Page 130 View pdf image (33K) |
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