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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 492   View pdf image (33K)
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492 MARYLAND COURT OF APPEALS

ing brought the Said Writt of Error but the Court were of Opinion Such
Writt of Error was no Supersedeas to the proceedings Agt the Said Cockey
on the Attachment and therefore Condemned the money and Effects attached
in the Said Cockeys hands to Satisfye the Said Judgment to Powlson as also
the Subsequent Costs Accruing on the Said Attachment that on Arguing the
Petitioners Said Writt of Error on the Seventh of may Seventeen hundred
and Twenty three the Said first Judgment was affirmed and the Appellant
Condemned in Eighteen hundred and three pounds of Tobacco Costs on
Error from Which the appeale is brought before your Majesty in Councill
and the Petitioner further Complains that Notwithstanding the Said appeale
and Nine hundred Pounds Security given thereon the Court in Maryland
Oblidgeed [sic] 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 Judgment and proceedings may be all reversed and Directions given
for his full relief in the premisses and their Lordships having heard Councill
on the behalf of the appellants None appearing for the Respondent Not-
withstanding the usual time for his Appearing According to the rules of this
Board Was Expired and altho the usuall Notice was affixed on the Exchange
of London do Agree Humbly to offer it as their opinion to your Majesty
That the Said Judgments of the 2Oth of September Seventeen hundred and
Twenty and the Seventh of May Seventeen hundred and Twenty three
Should be reversed and Set aside and that the appellant be Restored to all
he hath lost by means of the Said Judgments His Majesty in Councill taking
the Said report into Consideration was pleased to approve thereof and to
order that the Said Judgments of the Twentieth of September 1720 and the
7th of May 1723 be Reversed and Set aside and that the appellant be restored
to all he hath lost by means of the Said Judgments whereof the Deputy Gover-
nour or Commander in Chief for the Time being of the Said Province of
Maryland and all others whom it may Concern are to Take Notice and gov-
ern themselves Accordingly as by his Majesty's Said Order in Councill under
Seal ready to be produced may appear and Your Orator further Sheweth
unto your Honour that Thomas Cockey your Orators Agent Pending the
Sd proceedings mentioned in the Said report of the Lords of the Said Com-
mittee and to prevent the Immediate Seizure of your Orators goods and
Effects then in the Said Cockeys hands haveing been [687] forced and
Oblidged as afd to draw the Said Bill of Exchange on your Orator for the
Said Six hundred Pounds Sterling payable to the Said Gilbert Powlson or
Order and which Bill was dated the 2d of May Seventeen hundred and Twenty
one and mentioned to be as for So much of your Orators Effects pretended
to be Condemned in the hands of the Said Cockey at the Said Powlsons
Suit he the Said Powlson as it is pretended Afterward Indorsed the Said bill


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 492   View pdf image (33K)
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