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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 54   View pdf image (33K)
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54 MARYLAND COURT OF APPEALS

The honble James Frisby is of Opinion that the Sd reason Assigned for
Error is not good for that the goods being in the Possession of Miles Bur-
rough dos therefore adjudge the Action to be well brought.

The honble Coll George Robotham and Sr Thomas Lawrence are of the
Same Opinion.

The honble Thomas Brook Esqr dos adjudge the Sd reasons afd Assigned
for Error to be good.

The honble Charles Hutchins is of the Same Opinion with Esqr Brook

His Excellency the Governor dos adjudge the Sd Reason Assigned for
Error to be good for that the Matter of fact being put to a Jury was found
Accordingly and a Case Pertinent to this Produced by the pits but Case
Shewed by the Deft Seem'd to be forreigne to the Matter and not good
Authority.

The Attorney for the pit humbly moves and desires to know (Consid-
ering the Court is Divided in their Opinion, whether his Excellency have
not a Swaying Voice who is pleased to Say that he believes not. Whereupon
it is desired by the pi' that time may be given him to Shew Some Authority
for the Same and that he may have the Liberty to peruse his Excys Commis-
sion [81] for the Government who is told that he may have recourse to the
Same in the Secretarys Office

The defendant also Craves leave to have the Said matter argued Next
Court which is Accordingly Granted

Att a Court held before his Excy the Govr and his Matys honole Councill
for hearing Appeals and Writts of Errors etc. Mett and held att the porte
of Annapolis the gi"1 day of October 1698 in the ioth year of his Matys
Reigne etc.

Present: his Exccy Francis Nicholson Esqr Capt Genll; Collo Charles Huthins;
Colo John Addison; Thomas Brooke and James Frisby, Esqrs

Miles Burroughe agt Gov[r] Copleys Admr

The third reason Adjudged to be Good by Esqr Brook Esqr Frisby Colo
Courts and Colo Addison

Wherefore it is Considered by the Court here that the Judgemt of the
Provinciall Court as afd Given against the Said Miles be reversed and Sett
aside for the reason afd as Vicious and Eroneous. and that the Sd Miles Bur-
roughs be to all things he hath Lost, restored.

[82] Blakiston's Admr v Go[v]r Copleys Admr

In the Records of the Provinciall Court amongst other things is thus
Conteined. Vizt:

William and Mary by the grace of God of England Scottland France and
Ireland King and Queen Defenders of the faith etc. to the Sherriffe of Ann


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 54   View pdf image (33K)
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