Volume 543, Page 208b View pdf image |
March Court 1763 208 that he Should Take
Hust of a plea of trespass upon the case &c and the same day is given to the afd James Here Att which day here Came the afd James Hust by William Hayward his Attorney and the sheriff To witt John Dennis Gent. now here returned that he had taken the afd John Henry whose body here at this day he had redy to answer the afd James Hust of the afd plea as to Him it was Commanded &c Whereupon at the pray -er of the afd James Hust the afd John Henry is adjudged to give Special Bail to the action afd Thereupon a certain James Houston present here in Court in his proper person undertook for the said John Henry and assumed upon him self that if it should Happen that Judgement in the plea afd should be rendred for the said James Hust against the afd John Henry Or that the said John should be therein Convict that then he the Said John should pay & Satisfy unto the afd James the Judgement of the court thereupon or render his body in Exe in Satisfaction thereof -cution of Such Judgement To the prison of the sheriff of the county afd ^ or that he the said James Houston will do the same for him &c And Hereupon the afd John Henry puts in his place Josiah Polk Gent Attorney at Law against the afd James Hust of the afd plea And Hereupon at the prayer of the parties afd Day is to them now here given untill next Court To be held at princess Ann Town the third tuesday of March Then next Following in the state that now saving to the parties afd Att which day here came the parties afd by their Attorneys afd & hereupon the afd James Hust declared against the afd John Henry in the plea afd in form following Somerset fst John Henry Late of Somerset Counnty Mariner was attached To answer unto James Hust of a plea of Trespass upon the case &c And Whereupon the said James by William Hayward his Atty complains that whereas the ^ day of ^ in the Year of our Lord one thousand Seven hundred and at the county afd the afd James at the Instance & Request of the said John had delivered unto the said John a certain mare of him the Said James To ride from the Town of Vienna on Nanticoke River in Dorchester County To the Town of Cambridge on Choptank River in the said County of Dorchester the afd John the mare afd So greiviously burthened and her so Hastily and Immoderately On the day and year afd did ride that the mare afd by means thereof Sickened and al -most perished whereupon the said James Hust says he is worse and hath damage to the Value of Twenty pounds current money of Maryland & thereof he brings Suit J Doe & R Roe pledges &c And the afd John Henry by Josiah Polk his Attorney Comes and Defends the Force and injury when &c And prays Leave thereof To Imparle here untill next Court To be held at princess Ann Town the third tuesday of June then next following also and he hath it and the same day is given To the afd James Hust here ^ &c Att which day here Came as well the afd James Hust as the afd John Henry by there Attorneys afd and hereupon the afd John as before defends the force & Injury when &c & prays further leave thereof To Imparle Here untill next Court to be held at princess Ann Town the third tuesday of August then next following & he hath it & the same day is given to the also afd James here ^ &c Att which day here came as well the afd James Hust as the afd John henry by their Attorneys afd & Hereupon the afd John Prays further leave thereof To Imparle here untill Next Court To be held at princess Ann also Town the third tuesday of November then next following and he hath it and the same day is given to the afd James here ^ &c Att which day here Came as well the afd James Hust as the afd John Henry by their Attorneys afd and Hereupon the afd John prays further leave thereof To Imparle here untill Next Court To be held at princess Ann Town the third also tuesday of March then next following & he hath it and the same day is given to the afd James here ^ &c Att which day here came as well the afd James Hust as the afd John Henry by their Attorneys afd and the afd John as before defends the force and injury when &c & Says that he cannot deny the action afd of the afd James Hust nor but that he is guilty of the premisses in manner and form as the afd James above against him hath complained & as to the damage of the same James by him by occasion of the premisses in that part Sustained the same John Henry Saith & acknowledgeth that the the afd James Hust hath Sustained Damaged by occasion of the premisses beyond his costs and charges by him about his Suit in that part opposed to twenty two shillings & six pence Curt Money & not more & because the afd James Hust denies not this but the same Allegation grants To be True prays Judgment for these damages above acknowledged together with his costs & charges To him To be adjudged &c Therefore |
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Volume 543, Page 208b View pdf image |
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