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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 217   View pdf image (33K)
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MARYLAND COURT OF APPEALS 217

Thos Macnemara his Attorney and Sayth, that in the Record aforesaid as
also in rendering the Said Judgment it is manifestly Erred in that Vizt.

ist That the Jury was not charged by the Court to Enquire into the
damages in Case Judgment should be given for the plft

2dly That the Court gave Judgment for the defendant whereas Judg-
ment ought to have been given for the plft

Whereupon The said John prays that the Judgmt aforesaid for those
Errors and others in the Record aforesd being may be reversed Annulled and
altogether held for none and that he to those things which by occasion of the
Judgment aforest has lost may be restored and that the aforesaid James to
the Errra aforesaid may rejoyne etc. and that the Court of the Lord Proprie-
tary here may proceed to the examination as well of the Record aforesaid as
the matter aforesaid above for Error Assigned.

Whereupon the said James Crooke by Thomas Bordley his Attorney
prays and Says That in the Record and proceedings and also in rendering
Judgment therein it is in nothing Erred and prays that the same Judgment
may in all things be affirmed etc. And thereupon the said John Hyde by
Thomas Macnemara his Attorney aforesaid as the Same James Cooke [sic] by
Thos Bordley his Attorney pray that the Court aforesaid etc. of Appeales
etc. will proceed as well to examination of the Record and [341] process
aforesaid as of the matter above for Errors assigned.

Whereupon for that the said Court here is not advised of its Judgment
of and upon the premisses day is given to the said parties to hear thereof its
Judgmt untill next Court for that the sd Court Yet is not etc. Att which
next Court To witt the Second day of October Anno Domini one thousand
Seven hundred and Sixteen Comes again the Said parties by their Attorneys
aforesaid, And for that the said Court is not advised of its Judgment of and
upon the premisses day is given to the said parties to hear thereof the Judg-
ment till next Court for that the Court as yet is not etc.

At which said next Court To witt the fifth day of October Anno Dom
1716 Comes again the sd Parties by their Attry aforesaid, And for that the said
Court is not advised of the Judgment of and upon the premisses day is given
to the Said parties to hear thereof the Judgment till next Court for that the
Court as yet is not etc. (Whereupon the Court Stood adj untill the 2 ist Octr

At which said next Court To witt the Twenty first day of October one
thousand Seven hundred and nineteen Comes again the said parties by their
Attorneys aforesd And for that the said Court is not advised of the Judgment
of and upon the premisses day is given to the said parties to hear thereof the
Judgment till next Court for that the Court as yet is not etc.

At which Said next Court To witt the Sixteenth day of Aprill Anno
Dom 1720 Comes the said James Crooke by Thos Bordley his Attorney
aforesaid but the said John Hyde altho' Solemnly called conies not nor doth


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 217   View pdf image (33K)
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