MARYLAND COURT OF APPEALS 627

Day of Sepf Annoque Domini 1728. Per Vachel Denton Ct. Curr: Provin:
[Seal]

Afterwards To Witt on the same first Tuesday of October Anno Dom:
1728 in the same Writt Mentioned Comes hereinto Court the Afs^d Francis
Skirven by Edmond Jennings his Attorney And says that in the Record and
Process afs^d As also in rendering the judgment aforesaid it is Manifestly
Erred in this Viz^t: That by the record Afores^d it Appeares that the judgment
afs^d was rendered that the said Francis Skirven Take Nothing by his writt
But be in mercy for his false Clamour And that the Said Rich^d Willis go
thereof Without Day And thereby it was Considered that the said Rich³
Willis should recover Against the said Francis Skirven the Sum of Seven
Hundred and Eighty three Pounds of Tobacco by the Said Court Adjudged
him for his Costs and Charges etc: Whereas by the Law of the Land the judg-
ment afs^d Ought to have been rendered for the Said Francis Skirven ag^t the
said Rich^d Willis to recover his Debt afs^d And Damages which he had Sus-
tained by Occasion of Detaining the same Debt And his Costs and Charges
by him About his Suit in that part laid Out and Expended And that the said
Richard Should be in mercy etc: Per Plf^t in Error.

Edm Jennings

And the said Edmond Jennings Prays his Lordships Writt Directed to
the sherriff of Dorchester County to forewarn the said Richard Willis to be
and Appear before his Lordships Governour and Council at Annapolis on
the first Thursday of February Anno Dom: 1728/9 to hear the Errors As-
signed Upon the Judgment afs^d if to him it should seem meet And the same
Day is Given to the said Rich^d Willis Alsoe. On which said first Thursday
of February Anno Dom: 1728/9 Before his Lordships [826] High Court of
Appeals Aforesaid Comes the afs^d Francis Skirvin by his Attorney Afores^d
But the Sherriff afs^d Did not return the Writt. And Thereupon the Said
Francis Skirvin by his attorney Afs^d Prays his Lordships Writt Directed to
the Sherriff of the County Afs^d to forewarn the said Rich^d Willis to be and
Appear before his Lordships Governour and Council at Annapolis on the
Third thursday of May Anno Dom: 1729 to hear the Err^rs assigned Upon the
Judgment Afores^t if to him it should seem meet And the same Day is Given
to the same Richard Willis Also. At which said third Thursday of May
Anno Dom: 1729 before his Lordships High Court of Appeals afores^t Held
at the City of Annapolis afs^d As Well the said Francis Skirven by Edmond
Jennings his attorney afs^t As the afs^t Rich^d Willis by Joshua George his attor-
ney And the sherr: afores^t Did not Send the writt And thereupon the said
Francis Skirven by his att^ry afores^t as before Sayth That in the Record and
Process afs^t as also in Rendering the judgment it is manifestly Erred alledg-
ing the Errors aforesaid in form afs^t above Alledged and prays that the Judg-
ment afs^d for the Err^rs afs^d and others in the record and Process afs^t being
may be Reversed Annulled And Altogether held for none And that he to all