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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 295   View pdf image (33K)
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MARYLAND COURT OF APPEALS 295

Howard his Attorney and the sherriff afsd did not send the Writ and there-
upon the afsd Thomas Bordley and Daniel Dulany who for us etc: say that in
the Record and Process [450] afsd as also in rendring the Judgmt afsd it is
manifestly Erred alledging the Errors afsd by the said Thomas Bordley and
Daniel Dulany for us in forme afsd above alledged and pray that the Judgmt
afsd for the Errors afsd and others in the Record and Process afsd may be
reversed annulled and altogether for none held and that he to all things
which by Occasion the Judgmt afsd he hath lost may be restored and that the
said Thomas Cockshutt to the Errors afsa rejoyne and that his said Lordships
Court of Appeales and Errors here will proceed to the examination of as well
the Record and process afsd as the matters afsd for Errors Assigned.

And the said Thomas Cockshutt saith that neither in the Record and
process afsd nor in the matters therein Contained nor in rendering the Judg-
ment afsd it is in any wise Erred and likewise prays that his said Lordships
Court of Appeales and Errors here proceed to the examination as well of the
Record and process afsd as of the matters afsd above for Errors Assigned and
that the Judgment afsd in every thing may be Affirmed.

But because his said Ldships Court of Appeales and Errors here of ren-
dring their Judgmt of and upon the premisses are not as yet advised day is
thereof given to both partys Plantiff and Defendant before his Lordships
GoVn and Councill from the sd twentyth day of April at the City afsd untill
the twenty first day of July next being the third friday of the same month
Anno Domi Seventeen hundred and twenty one afsd to here there Judgment
of and upon the premisses for that his said Ldships Court of appeales here
thereof are not as yet Advised.

At which said twenty first day of July last mentioned before his Ldships
Govrn and Councill afsd Sitting as a Court of Appeales and Errors at the City
afsd comes as well the said Thomas Bordley and Daniel Dulany who for his
said Ldship prosecuteth as afsd as the said Thomas Cockshutt afsd.

And whereupon all and Singular the premisses by the Court now here
being seen and fully understood and deligently examined and inspected and
mature deliberation being thereupon had it appears to his Ldships said Court
of Appeales and Errors now here that in the Record and process afsd and like-
wise in rendring the Judgment afsd that it manifestly Erred.
[451] Therefore it is Considered by the said Court that the Judgment afsd
as to us for the Errors afsd above Assigned be revoked annulled and alto-
gether held for none and that We to all things which by Occasion of the
Judgment afsd have lost shou'd be restored etc: And also it is Considered by
the said Court the same day and year that We recover agst the said Thomas
Cockshutt the sum of pounds of Tobacco to us by the Court here
Adjudged for our Costs and Charges by us upon the prossecution of the said
Writ of Error laid out and Expended and that the said Thomas Bordley and
Daniel Dulany who for us Prosecute have thereof our Execution etc:


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 295   View pdf image (33K)
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