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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 525   View pdf image (33K)
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MARYLAND COURT OF APPEALS 525

therein and that dureing the whole time of this your Petitioners Confine-
ment he has been destitute of Council Particularly of those to Whose Coun-
cil and advise he believes he is Intituled to by Law and Oblidged [717] To
Imploy other Council who were Intirely Unacquainted with the Circum-
stances 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 Agree-
able to reason and no wise repugnant to Law wherever a Judgment is un-
duly recovered or Judicial Process Unduely or Erroneously Issued The Court
before Whome the Cause last was may Quash that Process and order the
Party be Sett 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 igth 1726

This Day the Court having read and Considered the afd Petitions and
the Severall Authoritys and Arguments offered on both Sides relating thereto
and being Doubtfull whether the Appeale of the Petitioners be a Supersedeas
to the Execution or not are not willing to Set aside the Execution Least it
Should frustrat the Judgment but if the Petitioners have been Illegally Im-
prisoned referr them to their Remedy by an Action at Law

The Court Adjourns till Munday 8 of the Clock.

The Court meet According to Adjournment.

Present: His Excellency the Governour; The Honourable Wm Holland Esqr;
Thos Addison; John Hall Esqr; James Bowles Esqr; Benj" Tasker Esqr; Philip
Lee Esq1; Nich- Lowe Esqr.

On the Motion made by Wm Beckingham on behalf of Mr Bordley Mr
Danl Mariarte and Mr Vachel Denton for Cost on the Petitions Exhibit! by
Cockey Gordon and Rogers Agt them this Court refers them to their Action
at Law for the Same if they Conceive they have any right thereto

On the Motion of Mr Edward Fotterell Attorney on behalf Cockey Gor-
don and Rogers Ordered that the Clk of the Provl Court make out attested
Copys of the Writts and all Endorsments thereon and titleings Bordley agt
Cockey Gordon and Rogers to be Lodged with the Clk here that they may
have Copys thereof with the other proceedings which writts titleings and
Endorsments are as follows —

Issue Ca sa's to the Sherr of Annll County v Thomas Cockey Wm Rogers
and Robert Gordon Severally on the Judgments Obtained by me Agt in the
Provl Court
May the 2ist 1726 Th: Bordley pr Persona.


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 525   View pdf image (33K)
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