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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 86   View pdf image (33K)
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86 MARYLAND COURT OF APPEALS

happened to the great Damage of him the Said John Salter as of his Com-
plaint we have received as by the Record and Process thereupon between
the Said Partys afd by Virtue of one Writt for Correcting Errors to our Said
Justices directed and we being Willing that the Error (if any be) Should in
due manner be Corrected and full and Speedy Justice be done to the Said
Parties in this behalfe Do Command You that by Honest and Lawfull men
in Your Bailywick you make known to the Said Clement that he be and
appear before our Governor and Councill for our Cour [sic] Constituted for
hearing Appeales and Writts of Error to be held att the porte of Annapolis
[131] the Twenty Eight day of June next to hear the Error aforesaid if to him
it Shall Seem Convenient and further to Stand to and Abide the Judgment
of our Said Court in this behalfe and hereof faile not att your perill and
have you there this Writt Wittness Nathaniel Blakiston Esqr Capt Genll and
Governor in Chief in and over the Province of Maryland this 23* day of May
in the nth Year of our Reigne Annoque Dni 1699.

Wm Bladen Edw: Batson Clk

John Salter agt Clement Sale
Errors

The Said John Salter Saith that in the Record and proceedings as also
in rendring Judgment there is Manifest Error.

1 That that [sic] the Judgment was given the first Court against Salter
the then Defendant upon a Writt and Deci Served but five days before the
Court Whereas the Act of Assembly upon which these proceedings are
Grounded requires the declaration to be Delivered above Eight days before
the Court and that for the County and not provinciall which is Error.

2 Judgment was Given agt the then Deft the first Court [after] an
Appearance by Attorney and Emparleance Granted to another Court which
is Error.

for which reasons and many other in the Record and proceedings as also
in rendring Judgment which the Said John Prays leave to Assigne Ore Tenus
he prayeth that the Judgmt may be reversed and annulled and he to all things
that thereby he hath Susteined may be restored.

Wm Dent

Clement Sale ads John Salter
in Error.

And the Said Clement Saith that neither the Record Proceedings or in
the rendring of Judgment is it in any thing Erred and therefore he prayeth
that the Court would proceed to Examine the Record and the Errors thereon
Assigned wch [132] is here in Court and that the Judgmt Given for him by
the Provll Court may be Affirmed.

Gouldsborrough.


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 86   View pdf image (33K)
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