MARYLAND COURT OF APPEALS 523
were Intirely Unacquainted with the Circumstances of your Petitioners Cause
Wherefore he Prays Minute may be thereof made and that your Excellency
and Honours will be pleased to give your Opinions in relation thereto Your
Petitioner Likewise Conceives it is Agreeable [715] To reason and no Ways
repugnant to Law Wherever a Judgment is unduly recovered. Or Judicial
process Unduely or Erroneously Issued
The Court before whom the Cause Last was may Quash that Process and
Order the Party to be Set at Large and Vacate Such Judgment as afd
Your Petitioner therefore humbly prays your Excellency and Honours
Consideration of the whole Premisses and that he may be relieved therein
According to Law and that if the Cause be as represented by your Petitioner
that the Sherriff of Annarundell County may be Directed to Set your Peti-
tioner at Large
And Your Petitioner as in Duty bound Shall pray etc.
July i9th 1726 M Macnemara
MARYLAND ss. To His Excellency Charles Calvert Esqr Governour of
Maryland and to his Lordships Honourable Council Sitting as a Court of Ap-
peals and Errors. The Humble Petition of William Rogers of the City of
Annapolis in the Province afd Gent.
Humbly Sheweth
That your Petitioner and a Certain Robert Gordon of the afd City En-
tered into Bond with a Certain Thomas Cockey to a Certain Thomas Bord-
ley of the City afd Dated the Twenty Seventh Day of May Seventeen hundred
and Twenty four in the Penal Sum of fourteen hundred and forty Pounds
Sterling Conditioned for the Payment of the Sum of Seven hundred and
Twenty Pounds Sterling the Contents of a Sett of Bills of Exchange drawn
Per Said Thomas Cockey on a Certain Jonathan Forward Merchant in Lon-
don that the Bills were protested and returned and the Bond put in Suite
Against your Petitioner in the Provincial Court and on the Nineteenth Day
of October Seventeen hundred and Twenty five the Said Thomas Bordley
recovered Judgment there for the afd Penalty and nine hundred and thirty
fivp PrmnHs of Tnharrn Cnst of Suite from Which Judgment your Petitioner
According to the directions of the Act of Assembly prayed An Appeale to
your Excellency and Errors in the High Court of Appeals of this Province
Which was granted on giving good Security and the Day thereafter Security
was given and Approved of by the Said Court Thereafter the Transcript of
the Judgment afd was Sent up to the Said Court of Appeals and Sundry
Errors Assigned and the issue in Law thereon made up and on the Second
Day of June Last the Same Came to be Argued before your Excellency and
Honours Sitting as a Court of Appeals and Errors Whereupon you were
pleased to affirm the Judgment of the Provl Court that on the Affirmance
thereof your Petitioner by his Attorney in Court and in Presence of the Said
Thomas Bordley Prayed an Appeale from the [716J Judgment of the Said
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