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June Court 1762 139 Same day is Given to the afd. Catherine here also &c Att which day here Came as well the afd. Catherine Dogan as the afd. William Coulbourn by their Attorneys afd. And hereupon the Said William prays further Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of November then next following and he hath it and the Same day is Given to the afd. Catherine here also &c Att which day here Came as well the afd. Catherine Dogan as the afd. William Coulbourn by their Attorneys afd. And hereupon the Said William prays further Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of March then next following and he hath it and the Same day is Given to the afd. Catherine here also &c Att which day here Came as well the afd. Catherine Dogan as the afd. William Coulbourn by their Attorneys afd. And hereupon the Said William as before defends the force and Injury when &c. And Says that he is not Guilty of the Premisses above upon him Imposed in Manner and form as the afd. Catherine hath Complained Against him and of this he puts himself upon the Country &c And the afd. Catherine in Like Manner And the afd. William Coulbourn by Leave of the Court here and According to the form of the Statute in Such Case made and Provided Comes and further defends the force and Injury when and So forth And Says that the Said Catherine Ought not to have or Maintain her Said Action Against him because he Says that he at any time within One Year next before the Issuing of the Writt of the afd. Catherine in this Cause was not Guilty of the premisses above Laid to his Charge as the Said Catherine above thereof Complains Against him and this the Said William Coulbourn is Ready to Verify wherefore he prays Judgment if the Said Catherine her Action afd. Against him to have or Maintain Ought &c And the Said Catherine Saith that She by any thing by the Said William in his Second plea Alledged Ought not to be precluded from haveing her Action afd. Against the afd. William because She Says at any time that the Said William was Guilty of the premisses in the declaration mentioned ^ within One Year next before the Issuing of the Writt of her the Said Catherine in Manner and form as the Said Catherine Above Against him Complains and this She prays may be Inquired of by the Country &c And the Said William hereof Likewise Thereupon it is Commanded the Sheriff of Somerset County that he Should Cause to Come before his Lordships at the next Court to be held at Princes Ann Town in and for the County afd. the third Tuesday of June then next following twelve Good free and Lawfull men of the County afd. (whereof Every One hath a freehold in the Said County by whom the truth of the Premisses afd. may be the Better known and who neither the afd. Catherine Dogan nor the afd. William Coulbourn touch by any Affinity to Recognize upon their Oath of and upon the premisses afd. because as well the afd. Catherine Dogan as the afd. William Coulbourn have put themselves upon that Jury and the Same day is Given to the parties afd. here &c said third Tuesday of June Att which ^ the afd. William Coulbourn by their Attorneys afd. And the Sheriff to witt Ephraim Wilson Returned the afd. Veniry facias and the Names of the Jurors in all things Served and Executed and the Jurors of that Jury thereof Impannelled being Called Some of them to witt William Skervin, David Wilson, William Polk, Jarvis Ballard Aaron Starling, John Evans, Ballard Bozman, Elias White, Robert Dashiell, & John Anderson Came and were Sworn upon that Jury and because the Residue of the Jurors of that Same Jury did not Appear therefore others of the bystanders by the Sheriff of the County afd. hereunto Elected and at the Request of the afd. Catherine Dogan and by the Command of the afd. Justices are newly put on whose Names to the pannell within written are filed According to the form of the Statute in Such Case made and Provided which Same Jurors so newly put on to witt Thomas Irving & William Pollit being Called Likewise Came who to Say the truth of the Premisses afd. together with the other Jurors afd. before Impannelled as to And Sworn being Elected tryed and Sworn upon their Oath Say that ^ the Joyned that the afd. William Coulbourn is Guilty of the Premisses in the declaration afd. Mentioned in Manner and form as the afd. Catherine above Against him hath Complained And as to the Second Issue between the afd. parties above Joyned to further Say on their Oath that the afd. William Coulbourn at any time within One Year next before the Issuing of the Originall Writt of her the Said Catherine was Guilty of the Premisses in the declaration mentioned in Manner and form as the afd. Catherine above by Replying hath Alledged and Catherine by Occasion of the Premisses beyond her Costs and Charges by her about her Suit in that part Apposed to fifteen Pounds Curt Money of Maryland and for those Costs and Charges to One pound of tobacco Therefore |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 139b View pdf image |
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