MARYLAND COURT OF APPEALS 343

that in October Seventeen hundred and Nineteen the same Court gave
Judgm^t ag⁸¹ the said James tho' no Cause appears to have been shewn why
Judgm^t should not have been rendred against the said John
[526] Also in this that the Court rendred Judgm^t against the said James on
the Act for Limitting the Continuance of Actions whereas the delay appears
to have been on the Part of the said John and not of the said James and also
for that it appears the time of Limitation was not Expired but that the said
Cause by the Act af^d might have been Continued Contrary to the Supposition
of the Court which is Manifestly Erronious

Also in this that the Court gave Judgm^t for the said John to recover the
value of the said Goods and not the goods themselves according to that
which he had declared for and that altho' the said James denyed the Value
thereof by protestation and did not refuse to Account for the same yet the
Court gave Judgm^t for the Value as afs^a without awarding any Writt of En-
quiry of the Value thereof.

Wherefore the said Ariana prays that the Judgm^t af^d for the Errors af^d
and Others in the Record and process af^d may be reversed annulled and Al-
together held for none and that the said Ariana to all things that the said
James had lost thereby may be restored etc:

Th Bordley per Quer in Err.

And the afs^d Ariana Frisby Ex^rs afs^a prays his L^dships Writt of Sc fa to
forewarn the said John Snow to be before his Lordships Governour and
Councill at Annapolis to hear the Record and process afs^d and it is granted
to him. Therefore Command is given unto the Sherriff of Prince Georges
County that he should make known unto the afs^d John Snow that he should
be before us in our Court of Appeales to be held at the City of Annapolis the
third friday in July then next to hear the Errors afs^d assigned upon the
Judgm^t afs^a if to him it should Seem meet upon [527] which Writt of Scire
facias the following Endorsment is made You are desired to give notice of
the Within Writt to Cap^t Samuel Perry of your County the Attorney of the
afs^d John Snow And the same day is given to the same Ariana Frisby
Ex^rx af^d

Also at which said third friday of July being the 21^st Day of the same
month Anno Domi Seventeen hundred and twenty One Before his L^dships
Court of Appeales af^d at the City of Annapolis afs^d Came as well the afs^d
Ariana Frisby Ex^rs af^d by her Attorney af^d and the Sherriff of Prince Georges
County To Witt Thomas Clagett Gent: returned that by Vertue of the Writt
afs^d to him Directed and Endorsm^t thereon he did give notice to Cap^t Sam^ll
Perry as by the Endorsm^t on the same Writt he was Directed Which said John
Snow according to the premonution to him in this Part made by Daniel
Dulany his Attorney Come into Court here And Whereupon the said Ariana
Frisby Ex^rx afs^d as before sayth that in the Record and process afs^a as also in
rendring the Judgm^t afs^d it is manifestly Erred. Alledging the Errors af^d by