clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 21   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

MARYLAND COURT OF APPEALS 21

pounds of Tobacco for his Costs and Charges in this behalfe laid out and
expended.

Copy per Henry Wriothesley Clk.

[28] Then was Read the Errors upon the afore Said proceedings filed, as

followes, Vizt,

Henry Hawkins agt Philip Lynes
In a Writt of Error in the Assembly.

(1) It is Error in the Justices of the Provll Court in Reversing the At-
tachmt granted in the County Court because the Record did not Show upon
what Principalls or wherefore the Court did grant the Same and although it
was made appear that the Law was Comply'd with of Attachmts in all points
and that the Debt for which the Attachmt was granted was a due debt under
the hand and Seal of Lynes owned to be due yet because the Record did not
hold forth every particular Circumstance of the Cause and doe more then
Records of Common Law proceedings Ever doe or of their own Nature or
by Law Obliged to doe or any other Records of this Province, in Causes of
Attachmt have formerly done (That is to Show fourth a Copy of Deci: to be
left at the last house) Therefore the Said Prova Court Contrary to the Opin-
ion of the Cheif Judge and Some others reversed the Said Judgmt which was
Error in the Said Provll Court, and agt Law and renders the Office of a Judge
inferior to that of a Jury etc:

(2) Nor is all or any the other Err™ assigned agt the Said County Court
Judmt for the Attachmt Sufficient in Law to Reverse the Same and therefore
the Plant" prayeth that the Said Judgmt of the County Court may be af-
firmed etc: and he to all things Restored etc:

Wm Dent

Whereupon the Errors aforesd being fully argued and Debated upon by
the Attorneys on both Sides, And the Same by the Court here fully heard
and Understood Do Adjudg that the Same are altogether insufficient for
Reversall of the aforesd Jugmt of the Provll Cort; it is therefore considered
by the honrble the Judges of this Court here (to witt) the 19th Day of August
in the 7th Year of the Reign of our Soveraign Lord King William the Third
etc: Annoque Domini 1695 that the Judgmt of the provll Court aforesd (upon
the Writt of Error agt the proceedings and Judgmt of Charles County Court
aforesd there brought) be affirmed and that procedendo hence issue directed
to the Justices of the Said Court accordingly: And it is further Considered
that the Said Philip Lynes Recover agt the Said Henry Hawkins the Summe
of two thousand and twenty pounds of Tobo by the Court here adjudged for
his Costs and Charges in this behalfe laid out and expended and that the
Said Philip Lynes may have thereof Execution.)


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 21   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


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.

©Copyright  August 16, 2024
Maryland State Archives