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582 MARYLAND COURT OF APPEALS
Saturday Febry the 8th 1728/9 The Court met according to adjournment.
Present: His Excellency The Governour; Edwd Calvert Esqr; Philemon Lloyd
Esqr; Richd Tilghman Esqr; Mathew Tilghman Ward Esqr; Benja Tasker
Esqr; Charles Calvert Esqr, of the Council.
This day the Honourable Edwd Calvert Esqr took the Oath of Justice as
directed by Act of Assembly.
The Court adjourns till 5 aclock afternoon: The Court meet according
to adjournment present as before noon.
John Digges v John Beale
On Appeale It is the Opinion of this Court that the writt of Sc fa ad
audiendum Errores is Erronious In that that it is Set forth in the Said Writt:
Whereas John Digges Lessor of Thos Nelson hath Appealed etc: Whereas it
ought to have been Said Whereas Thos Nelson Lessee of John Digges hath
appealed.
The Court adjourns till Munday Morning 9 a clock forenoon.
[776] Munday February the ioth 1728/9 The Court met according to
adjournment.
Present: His Excellency the Governour; The Honourable Edward Calvert
Esqr; John Hall Esqr; Philemon Lloyd Esqr; Richd Tilghman Esqr; Mathew
Tilghman Ward Esqr; Benja Tasker Esqr; Charles Calvert Esqr, of the
Council.
The Court adjourns till five aclock afternoon The Court meet accord-
ing to adjournment Present as before noon.
John Digges Lessee v John Beale
It being Moved this day and the Question being put that notwithstand-
ing the Writt of Scire facias ad audiendum Errores Was Erronious as the
Defendant in Error appeared and pleaded to issue whether the Error in the
Scire facias was Material or not: The Court delivered their Opinion that it
was not Material.
The Court adjourns till to Morrow Morning g aclock. Tuesday Febru-
ary the nth 1728/9 The Court met according to adjournment. Present as
Yesterday. The Court adjourns till 5 aclock afternoon. The Court met
according to Adjournment. Present as before noon The Court adjourns
till to morrow Morning Eight aclock. Wednesday Febry the 12th 1728/9 The
Court Met according to adjournment. Present as Yesterday. The Court
adjourns till four aclock afternoon. The Court met according to adjourn-
ment Present as before noon The Court adjourns till to Morrow Morning
Nine aclock. Thursday Febry 13th 1728/9 The Court met according to
adjournment Present as Yesterday. The Court adjourns till four aclock
afternoon. The Court met according to adjournment. Present as before
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