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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 614   View pdf image (33K)
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614 MARYLAND COURT OF APPEALS

As well the said Richard Smith by his attry Aforesd As the said Thomas Brooke
Garnishee as Afsd by his Attorney afsd And because the Justices there were Not
then Advised of the rendering their judgment of And Upon the Verdict
and Premisses afsd Day thereof was further Given to the Said Parties
Plantiff and Defendant Untill the then [811] Next Court to hear thereof
their judgment for that the Said justices Were Not etc: At which said then
next Court To Witt the Nineteenth Day of October Anno Dom: Seventeen
Hundred and Twenty five Came Again As Well the Said Richard Smith by
his Attorney Afsd As the Said Thomas Brooke Garnishee as aforest by his At-
torney Afsd Whereupon all and Singular the the [sic] Premisses being by the
Court there Seen And fully Understood and Mature Deliberation being
thereupon had for that it Seemed to the Court of his Lordship the Right
Honwe the Lord Proprietor thereupon the Whulc Matter aforcall in form
afsd found that the Law Was with the Plantiff Thereupon the said Richard
Smith by his attorney Afsd Prayed that Upon Giving Security According to
Act of Assembly the aforest Sum of Two Hundred Forty Eight Pounds
Sterling by the jury afsd in form afsd found in the Hands of the said Thomas
Brooke As of the Rights and Creditts of the said Arden Carleton should be
Condemned in the hands of the said Thomas Brooke As of the Rights and
Creditts of the said Arden Carleton towards Satisfying Unto the Said Richard
Smith As well the Sum of Two Hundred Ninety Nine Pounds Sterling his
Damages Recovered in the Plea afsd As also his Costs and Charges by him layd
Out and Expended in the plea aforest And Thereupon Daniel Dulany Esqr
Present there in Court Undertook for the said Richard Smith that in Case
the said Arden Carleton or any Person on his behalfe should at Any time
Within A Year and A Day Appear and make all or Any Part of the said Rich-
ard Smith his Claim against him the Said Arden Appear to be satisfyed or
Otherwise to have been Undue before the Laying that Attachment That
then the Said Richard Smith should Make Restitution Unto him the said
Arden Carleton or Such Person on his behalfe of all Such Part thereof As
Should be Made Appear to be Undue etc: Or that he the said Daniel Dulany
Would do the same for him Therefore it was Considered by the justices there
the Nineteenth Day of October in the Year of Our Lord Seventeen Hundred
and Twenty five Aforesa That the Afsd Sum of Two Hundred Forty Eight
Pounds Sterling by the Jury Afsd In form aforest found in the hands of the
Said Thomas Brooke As of the Rights and Creditts of the said Arden Carle-
ton Should be Condemned in the hands of the Said Thomas Brooke As of
the Rights and Creditts of the Said Arden Carleton towards Satisfying Unto
the said Richard Smith As well his Damages Recovered in the Plea Afores"
As his Cost and Charges by him laid Out and Expended in the Plea Afore-
said And that the Said Richard Smith Should have thereof his Execution
Against the Said Thomas Brooke Garnishee as aforesd According to Act of
Assembly And also it was Considered by the justices of the said Provinciall


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 614   View pdf image (33K)
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