MARYLAND COURT OF APPEALS 437

declared the Said Poulson Ought to Recover Against the Petitioner the Dam-
ages he had Sustained in the premisses and to Ascertain Which a Writt of
Enquiry issued Which was Executed and returned the Same Day. whereby
the Said Poulsons Damages besides his Costs were Ascertained at Six hundred
Pounds Sterling and Six Thousand four Hundred and fifty one Pounds of
Tobacco and upon Which Judgment was the Same day given that Poulson
Should recover Against the Appellant as well the Said Hundred Pounds
Sterling and Six Thousand Four Hundred and fifty Pounds of Tobacco for
his Said Damages as also One Thousand Two hundred and Seventy three
pounds of Tobacco for Costs. That Poulson took out a Writt of Attachment
on the Said Judgment which was Actually Executed Severall times over on
the Appellants Effects in the hands of his Factors there and the Said Poulson
also took out a Fieri facias Against the Appellant Whereupon the Petitioners
Attorney brought a Writt of Errors Assigning Severall Errors in the Said
Judgment Proceedings and Execution Notwithstanding Which Poulson
Moved the Court for Condemnation of the Petitioners Effects in the Hands

of~ Thornaa Cockey one of his Factors Su .Attached as aforesaid to Sattisfyc

Poulson the Said Judgment as also the Costs of the Said Execution which the
appellants Attorney Opposed by reason of his having brought the Said Writt
of Error but the Court were of opinion Such Writt of Error were no Super-
sedeas to the proceedings Against the Said Cockey on the Said Attachment
and therefore Condemned the money and Effects Attached in the Said
Cockeys hands to Sattisfy the Said Judgment to Poulson as also the Subse-
quent Costs Accrueing on the Said Attachment. That on Arguing the Peti-
tioners [638] Said Writt of Error on the 7^th of May 1723 the Said first Judg-
ment was Affirmed and the Appellant Condemned in One Thousand Eight
hundred and Three Pounds of Tobacco for Costs in Error from which this
Appeale is brought before your Majesty in Councill And your Petitioner
further Complains That Notwithstanding the Said Appeale and Nine hun-
dred pounds Security given thereon the Court in Maryland oblidged the Said
Cockey to draw a bill of Exchange on the appellant for Six hundred Pounds
Sterling as for So Much of the Petitioners Effects Condemned in his hands
and to bring Such bill of Exchange into that Court and Which is threatned
to be put in Suit And therefore the Appellant prays the Said Judgments and
proceedings may be all reversed and Directions given for his full Relief in
the premisses And their Lordships having heard Counsell on the behalf of
the appellant none appearing for the Respondent Notwithstanding the usual
Time for his appearing According to the Rules of this Board Was Expired
and Altho the usual Notice Was Affixed on the Exchange of London Do
agree humbly to offer it as their Opinion to your Majesty That the Said Judg-
ment of the 20^th of September 1720 and the 7^th of May 1723 Should be re-
verst and Sett aside And that the appellant be restored to all he hath Lost by
means of the Said Judgment.