MARYLAND COURT OF APPEALS 39

Charles Carroll ag^t Elizabeth Blackiston

And the s^d Elizabeth Blackiston by W^m Dent her Attorney comes into
Court and prays time till the next Court to make answer hereunto and it is
granted unto her the Same day is given to the pit alsoe.

Now here at this day to wit the Second day of March Anno Dom: 1694
Came the s^a parties by their Attorneys and this Cause Standing for Tryall
and the Record process and proceedings for the rendering of Judgm^t and
the afores^a Errors by the s^a Charles Carroll assigned being Read heard and
by the Justices here fully understood and diligently examined and for that it
appeareth to the Same Justices here that in the Record and proceedings
afores^d as alsoe in the rendring of Judgm^t afores^d it is manifestly Erronious.

Therefore it is Considered by the Justices here that the Judgm^t afores^d
for the Errors in the Record and process afores^d be Revoked Annulled and
altogether held for nothing and that the s^a Charles Carroll unto all things
which by occasion of the Judgm^t afores^d he hath lost be restored and that the
s^a Charles Carroll recover ag^t the s^a Eliz: Blackiston the Summ of Two Thou-
sand Six hundred Eighty Eight pounds of Tob^o Cost of Suit in that behalf
laid out and expended etc:

Cop: per Henry Wriothesley Ctk:
[locus Sigill.]

Blackiston Qui tarn ag^t Carroll etc:

Errors assigned upon a Judgm^t of the prov^ll Court in a Writ of Error
there brought from a Judgm^t of a Court of Oyer and Terminer between
Nehemiah Blackiston who as well etc: pit: and Charles Carroll Defend^t In
which prov" Court Judgement was given that in the Records and proceedings
and also in the Rendering of Judgm^t of the Court of Oyer and Terminer
there was manifest Error and therefore by the Judgm^t of the Provinciall
Court the s^a Judgm^t was Set aside and reversed Whereupon the s^a Elizabeth
Blackiston Adm^x of the S^H Nehemiah who as well etc: Avovicheth the Jndgm'
of the s^a Court of Oyer and Terminer to be Just Legall and Agreeable to Law
and Saith that in the Record and proceedings and rendering of Judgm^t of
reversing and making void the First Judgm^t of the Court of Oyer and Ter-
miner there is Manifest Error in the Justices of the Prov^ll Court because

1^st The First Error Assign'd grounded upon the Statute of Westmin-
ster the 2^d and upon which Error and the Argum^t there'on the First Judgm^t
was revers^d is not Sufficient to reverss the s^d Judgm^t Nor is the law upon the s^d
Statute (reguarding the Constitution of this Province) as the s^d Prov^B Court
have adjudged the Same therein but their Judgm^t therein [57] is Erronious
and ag^t Law.

2: Nor are any or all the other Reasons alleadged for reversing the First
Judgm^t of the Court of Oyer and Terminer Sufficient to reverse the Same and