MARYLAND COURT OF APPEALS 617

Afterwards To Witt on the same first Day of October Anno Dom Seven-
teen Hundred and twenty Eight in the same Writt mentioned Comes here
into Court the Aforesaid Michael Macnemara by William Beckingham his
Attorney And Saith that in the Record and Process as also in the Rendering
the judgment afs^d it is Manifestly Erred in this To Witt that the judgment
afs^d Upon the Demurrer in Law to the replication afs^d of the afores^d Thomas
Brooke Esq^r was rendered that the said Thomas Brooke Esq^r Should recover
Against the said Michael Macnemara Son and Heir of the said Thomas Mac-
nemara Esq^r As well the Sum of four Hundred and Ninety Seven Pounds
fifteen shillings his Debt afs^d as the Sum of One thousand four Hundred and
Ninety Nine Pounds of Tobacco his Costs and Damages occasioned by the
Detention of that Debt Whereas Judgment Ought to have been rendered
thereon that the Said Thomas Brooke Esq^r Should take Nothing by his Writt
afores^d But be in Mercy for his false Clamour. It is Likewise Manifestly
Erred in this that the judgment aforesaid in form Afores^t Rendered for the
Afs^d Thomas Brooke Esq^r against the said Michael Macnemara Son and Heir
of the said Thomas Macnemara Esq^r Deced Whereas by the Law of the Land
judgment Ought to have been rendered for the said Michael Macnemara Son
and Heir of the said Thomas Macnemara Esq^r Deced against the said Thomas
Brooke Esq^r

For Which Errors and Many others in the Record and Process as also in
rendring the judgment afs^d being the said Michael Macnemara Son and Heir
as afs^d Prays that the judgment Afs^d May be reversed and Altogether held
for Null and Void and that he to all things which by Occasion of the judg-
ment Afores" he hath lost may be restored And the afores^d Thomas Brooke
Esq^r to the Errors Aforesaid May rejoyne etc:

W Beckingham Per Appell

And Whereupon on the same first Day of October Anno Dom: Seven-
teen hundred and twenty Eight in the same Court Comes the same Thomas
Brooke by Edmond Jennings his Attorney And Thereupon he the said
Thomas Brooke having had a hearing of the Errors Afores* [815] In form
afores^d Assigned Prays a Day to the same Errors to imparle And he hath it
And thereupon Day is Given to the Parties Aforesaid before the Governour
And Councill aforesaid Untill the Sixth Day of Feb^ry thereafter Being the
first Thursday of the same Month Anno Dom: Seventeen Hundred and
Twenty Eight To Witt to the said Thomas Brooke to the Errors Aforesaid
to imparle And then to the Errors Aforesaid to Rejoyne.

At Which said Sixth Day of February before his Lordships High Court
of Appeals afs^d at the City of Annapolis Aforesaid Comes As well the Afores^d
Thomas Brooke by Edmond Jennings his Attorney As the said Michael Mac-
nemara by his said Attorney William Beckingham And the Afores^d Thomas
Brooke Saith that Neither in the Record and Process afores^d Nor in the
Matters therein Contained Nor in Rendering the Judgment aforesaid it is in