| Volume 407, Page 88 View pdf image (33K) |
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( 88 ) Whereupon Comand this day was given to the Sheriff of sd County to bring here twelve good & Lawfull men of his Balywick that the matter in hand might be the better understood A List or pannel whereof are returned as followeth (viz) William Boseman, Thomas Walston John Jones . James:Curtiss. Jno. Browne. Saml. Long. Edward: Green. Christof. Snoswell Ja. Hill. Robert Nearn. George Law. Archibald Smith 12 Who being duely Sumoned returned & Sworn upon the holy Evangelists who having heard the foresd Declaracon & Evidences Sworn & Examined receives their Charge & are Sent forth — And the Same day aforesd the Said Jurors aforesd makes their return to the Barr in Court, each man being perticuliarly calld being all agreed of their verdict, The plt & dft being likewise Calld. The verdict is read as followeth Wee of the Jury doe find for the plt. Which verdt this Court Orders to be entered & Confirms ye Same
And the Court Orders the foresd Jury on sd tryall Between the sd Bryan: Snee & Robt. Polke to enquire into what damages the sd Snee may have Sustaind in the sd Accon brought, wch Sd Jury were then Sworn in Court, receives their Charge & are Sent forth. — And being returnd doe bring in this following verdict (viz) Wee of the Jury doe find that Bryan: Snee is damnified to ye value of four hundred pounds of tobacco. which verdct the Court Confirms according to Act of Assembly. &ca.
Ralph: Doe Plt Somerset County Ss Contra } John: Taylor alias John: Taylor of Somerset County was attached to answer unto Ralph John: Taylor Dft Doe in a plea of debt. &ca. — And whereupon the Said Ralph by Robert: Pirrie ~ ~ ~ ~ ~ ~ his Attorney Saith that whereas the Said John. the thirty first day of October in the year of our Lord 1687.at Pocomoke within the Jurisdiction of this Court by a Certain Bond with a Condicon or a Certain instrument in Writeing, which the Said Ralph, under the hand & Seal of the Said John bringeth here into Court, the date whereof is the day & year aforesd, did acknowledge himself to be bound to the Said Ralph. in the full & just Sum of five thousand pound of good Sound Merchtable tob & Caske to contain the Same, to be paid to the Said Ralph &ca, at upon or after the last day of October next ensueing the date of the Said instrument in writeing as may and doth more fully & Clearly by the Said instrument &ca appear. Nevertheless the Said John. the Said Sum of 5000 pounds of as aforesd tob according to the tenour of the Said Instrument in writing &ca to the Said Ralph. he hath not paid but hath hitherto refused & doth Still refuse to pay although often demanded to the damage of the said Ralph of 10000 pounds of tob and thereupon he brings this Sute &ca {Jno.Doe Pirrie pr Quer. pleg. prsoc &ca Rich Roe}
And the Dft by Samuel: Alexander his Attorney Saith the sd Condicon ought to have been recited in ye plts Decl. that thereby he might have pleaded to the Condicon of the Said Bond, & the sd Condicon is not recited, & for that ye Decl. Cannot answer, but Saith that he ought to have a Non Sute, And humbly Craves the Courts judgmt Saml. Alexander pr dft
And the plt Saith that in his Decln he referreth the deft to the Bond & Condicon in Court produced & Saith that they ought to plead & have no non Sute Pirrie
The prmisses being Considered this Court Orders a Non Sute agt ye plt wth Cost &ca.
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| Volume 407, Page 88 View pdf image (33K) |
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