| 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
|
||||
|
| ||||
|
| ||||
| Volume 70, Page 130 View pdf image (33K) |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.