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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 119   View pdf image (33K)
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comes not but makes default thereupon the said Wm Round by George
Plater his Attorney prays condemnation of the goods and chatties so as Afore-
said Attached for Sattisfaction of his debt aforesaid and Cost of suit

It is therefore Considerd by the Court this tenth day of October 1704
that there be condemned in the hands of the said John Edgar As well the
Summe of Two hundred And twelve pounds Nineteen Shillings and One
half penny Sterling of the estate personall goods or chatties of the said Willm
Macklure to the use of the said Wm Round in Sattisfaction of his debt for
damages Aforesaid As the Summe of Four thousand and thirty five pounds
ot tobaccoe Adjudgd by the Court for his costs and charges in this behalf e
laid out and Expended And that the said Wm Round may have thereof Exe-
cution etc. And that Sattisfaction of the Sheriffs fees upon such Execution be
made out of the Sume Attached as aforesd and thereafter that restitution
be made of the surplus of [178] Tobacco (if any) to the said Macklure by
the Sheriff that Attached the same.

Vera Copia per Jno Beale Cl

Afterwards before her Majtys Honoble President and Councill came the
sd Willm Macklure by William Bladen his Attorney and files his Reasons for
Reversall of the Judgment of the Provinciall Court aforesaid so as Aforesaid
Given Which follows Vizt

That in the Record and Process aforesaid as alsoe in the rendring of
the Judgment Aforesaid it is Mannifestly Erred in this to witt.

1st That the said William Round declares upon an Indebitatus As-
sumpsit for sundry things which are not proper in Such an Action but
recoverable in damage

2dly It is Erred in that the said Round declares against the said Mack-
lure for the things recoverable as aforesd and being uncertain without In-
quisition of Damages in A proper Action on An Assumpsit found had A
Judgment for Attachment which is contrary to the Act of Assembly

3dly The Act of Assembly of this Province for probat of Accounts
Warrants not the Account on Which said Round declared.

4thly What is containd in the Account is not meer debt and therefore
no Attachment Grantable

gthiy There is no probat made before or after Attachmt granted.

gtwy jt doth not appear otherwise then by supposition that Coppy of
the declaration was left According to the directions of the Act of Assembly
etc. for he should perticularly Name the place Where such coppy was left

ythiy NO Security by Record appears to be given for restitution Ad-
judging the Condemnation

[179] 8thly It is Erred for that the said Macklure is said to be in Miseri-
cordia not having appeared and defended the force and injury when etc.

For all Which Errors and divers others which the said Willm Macklure
prays he may offer ore tenus he prayeth that the Judgment for Attachment


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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 119   View pdf image (33K)
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