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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 178   View pdf image (33K)
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178 MARYLAND COURT OF APPEALS

knowledged himself etc. to owe to the King that then was one Thousand
pounds, and doth not shew who was then King whether King Charles King
James or King William

8thly. It is Erred in this that there is no breach Assigned for it may be
true he did not render it to King William having for any thing that appears
to the Contrary rendred it to the King to whom the bond was past

9thly. It is Erred in this that it is not said the said King for whom the
Suite was brought was Successor to the King to whom the bond was past

10thly. It is Erred in this that it appears by the record another suite
was brought and Yet Judgment is given on the declaration in the record

11thly. It is Erred in this that Judgment is given against Lynes whereas
Judgmt should have been given that the said Lynes should goe thereof with-
out day

12thly It is Erred in this that Judgment is given that the Attorney Gen-
erall should recover whereas he was not to recover in his owne right but to
the use of the King.

[262] 13thly. It is Erred in this that it is uncertain what King the Attorney
Generall got Judgment for.

14thly. It is Erred in this that it doth not appear when the Judgment
was given Wherefore he prays that the Judgment aforesaid for the Errors
aforesaid and others in the Record and process aforesd being may be reversd
Annulld and altogeather held for nought and that they the said Michaell
Martin and Walter Storey to all things by occasion of the Judgment aforesaid
that the aforesaid Phillip Lynes hath lost may be restored and that the Court
of our Lady the Queen may proceed as well to the Examination of the record
and process aforesaid as of the matters above for Errors assigned and that
the prosecutor for Our Said Lady the Queen to the Errors aforesaid may
rejoyne etc. Wornell Hunt.

Whereupon Thomas Bordley Gentn on the Peticon of William Bladen
Esqr her Majestys Attorney Generall in the Province to this Honoble Court
setting forth that he is become principall Devisee of the said Lynes and
therefore prays this Honoble Court will please to Assigne some other fitt and
proper person to Defend the Errors aforesaid on behalf of her Majesty in
this Cause which being considerd the aforesaid Thomas Bordley is by the
Court here Assignd Accordingly and prayeth leave to plead and defend the
Errors Aforesaid Assigned till the next Court and he hath it and the same
day is given the Executors aforesaid alsoe

Att Which said next Court to witt the twenty Seaventh day of October
Annoque Domini Seaventeen hundred and thirteen come as Well the Afore-
said Thomas Bordley assigned for her Majesty aforesaid as the said Walter
Storey and Michaell Martin Executor as afd by their Attorney aforesaid and
day is further given the said parties untill the next Court.

Att Which said next Court to witt on the Fifteenth day of Aprill Anno


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 178   View pdf image (33K)
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