Volume 543, Page 192 View pdf image |
November Court 1762 192 And Whereupon the said Samuel by William Hayward his Attorney complains that whereas the said Samuel on the day of in the Year of our Lord one thousand seven hundred and at somerset county afd. delivered unto the afd. Daniel the afd. Negro man slave called Cesar of the price of One hundred pounds current money of Maryland to be safely kept and to the same Samuel when thereof afterwards he should be required to be Redelivered whereby action did accrew unto the same Samuel to demand and have from the said Daniel the Negro man slave Cesar afd. of the price afd. Nevertheless the afd. Daniel tho often required the Negro man slave called Cesar afd. of the price afd. unto the said Samuel hath not redelivered but the same unto him the said Samuel to Redeliver hath altogether refused and Denyed & Still doth refuse and deny wherefore the said Samuel says he is worse & hath damage to the Value of one hundred pounds current money of Maryland and thereof he brings Suit & so forth J Doe pledges of R Roe prosg And hereupon the afd. Daniel Cullen by his attorney afd. comes and defends the force and injury when &c and prays leave thereof to Imparle here until next court to be held at princess Ann Town the third tuesday of March then next following and he hath it and the same day is given to the afd. Samuel Miles here also &c Att which day here came as well the afd. Samuel Miles as the afd. Daniel Cullen by their Attorneys afd. and here upon the afd. Daniel prays further leave thereof to Imparle here until next court to be held at princess Ann Town the third tuesday of June then next following and he hath it & the same day is given to the afd. Samuel here als &c Att which day here came as well the afd. Samuel Miles as the afd. Daniel Cullen by their Attorneys afd. and hereup -on the afd. Daniel prays further leave thereof to Imparle here until next court to be held at princess Ann Town the third tuesday of August then next following and he hath it & the same day is given to the afd. Samuel here also &c Att which day here came as well the afd. Samuel Miles as the afd. Daniel Cullen by their Attorneys afd. and hereupon the afd. Daniel prays further leave thereof to Imparle here until next court to be held at princess Ann Town the third tuesday of November then next following and he hath it & the same day is given to the afd. Samuel here also &c Att which day here came as well the afd. Samuel Miles as the afd. Daniel Cullen by their Attorneys afd. and hereupon the afd. Daniel as before defends the force and injury when &c and saith that he is not guilty of the premisses as the afd. Samuel Miles above in his declaration hath alledged against him and of this he puts him -self upon the country and so forth And the said Daniel by leave of the court here and by force of the sta -tute in that case made and provided further saith that he the said Samuel his action afd. against him to have and maintain ought not because he says that at any time within three years next before the Impetration of the original writt of him the said Samuel in this cause no cause of action did accrew to the said Samuel against the said Daniel by means of the premisses in the Declaration mentioned and this he is ready to veryfy wherefore he prays Judgement if the said Samuel his action afd. thereof against him to have and maintain ought and so forth And hereupon the said Samuel Miles then and there his writt & decl. afd. against the afd. Daniel Cullen did not prosecute with Effect but voluntarily suffered his suit to be discontinued Therefore it is consi -dered by the court here that the afd. Samuel Miles take nothing by his writt and declaration afd. but that he and his pledges of prosecuting to wit John Doe & Richard Roe are in mercy and that the afd. Daniel Cullen go thereof without day and further it is considered that the afd. Daniel Cullen recover against the afd. Samuel Miles 321 pounds of Tobacco for his costs and charges by him about his defence in this part sustained to the same Daniel Cullen by the court now here according to the form of the statute in such case Lately made and provided adjudged and that the same Daniel have thereof Execution &c
tuesday of June Anno Domoni one thousand seven hundred sixty and one to answer unto Stephen Bounds of a plea of trespass upon the case and so forth & the same day is given to the afd. Stephen here &c Att which day here came the afd. Stephen Bounds by Littleton Dennis his Attorney and the sheriff to witt John Dennis now here returned that he had taken the afd. Joshua Taylor whose body here at this day he had ready to answer the afd. Stephen Bounds of the afd. plea as to him it was commanded Thereupon the afd. Joshua Taylor at the prayer of the afd. Stephen Bounds is adjudged to give special Bail to the action afd. Whereupon a certain Nathan Culver present here in court in his proper person undertook for the said Joshua Taylor and assumed upon himself that if it should happen that Judgement in the plea afd. should be rendered for the said Stephen Bounds against the afd. Joshua Taylor or that |
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Volume 543, Page 192 View pdf image |
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