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March Court 1761 69 Sheriffe to witt John Dennis Gent now here Returned that he had taken the afd. William Baly whose body here at this day he had Ready to Answer the afd. William Smith of the afd. plea as to him it was Commanded Whereupon the Said William Baily puts in his place William Hayward Gent Attorney at Law Against the afd. William Smith of the afd. plea And thereupon at the prayer of the parties afd. day is to them now here given untill next Court to be held at Princes Ann Town the third Tuesday of June then next following in the State that now Saveing to the parties afd. Att which day here Came the parties afd. by their Attorneys afd. And hereupon the Said William Smith Complained Against the afd. William Baly in the plea afd. in form following Somerset County fst William Baly Late of Somerset County planter was Attached to Answer unto William Smith of A plea wherefore with force & Arms one Light Brindle two Year old Cow the proper Cow of the Said William Smith of the price of five pounds Curt Money of Maryland at the County afd. he the Said William Baily With Dogs did Sowl and tare and himself with a Stake the Said Cow did beat and kill and Other harms to him the Said William Smith then and there did to the Great Damage of the Said William Smith & Against the peace of his Lordship the Right Honrble the Lord Propry that now is his good Rule and Government and So forth And Whereupon the Said William Smith by William Allen his Attorney Complains that the Said William Baily on the fifteenth day of December in the Year of our Lord One thousand Seven hundred fifty and Nine with force and Arms one Light Brindle two year old Cow the proper Cow of the Said William Smith of the price of five pounds Current Money of Maryland at the County afd. he the Said William Baily with Dogs did Soul And tare and himself with a Stake the Said Cow did Beat and kill and other harms to him the Said William Smith then and there did to the Great Damage of the Said William Smith And Against the peace of his Lordship the Right Honrble the Lord proprietary that now is his good Rule and Government And So forth Whereupon the Said William Smith Says that he is Worse and hath Damage to the Value of fifteen pounds Curt. Money of Maryland and thereof he brings Suit and So forth Pledges &c. J. Doe & R. Roe And the afd. William Baly by his Attorney afd. Comes and defends the force and Injury when &c. And prays Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of August then next following and he hath it and the Same day is given to the afd. Wm. Smith here also &c Att which day here Came as well the afd. William Smith as the afd. William Baly by their Attorneys afd. And hereupon the Said William Baly prays further Leave thereof to Imparle here untill next Court to be held at Princes Ann Town in and for the County afd. the third Tuesday of November then next following and he hath it and the Same day is given to the afd. William Smith here also &c Att which day here Came as well the afd. William Smith as the afd. William Baly by their Attorneys afd. And hereupon the Said William Baly as before defends the force and Injury when &c. And Saith that he is not Guilty of the premisses upon him Imposed in Manner and form as the afd. William declared and of this he puts himself upon the Country &c And the plantiff in Like manner Thereupon Command is given to the Sheriff of Somerset County that he Should Cause to Come before his Lordships Justices the peace at the next Court to be held in Princes Ann Town in and for the County afd. the third Tuesday of March then next following Twelve good free and Lawfull men of the County afd. Whereof Every one hath a free hold in the Said County by whom the truth of the premisses afd. may be the better known and who neither the afd. William upon the premisses afd. because as well the afd. William Smith as the afd. William Baly have put themselves upon that Jury and the Same day is given to the afd. parties here &c. Att which day here Came as well the afd. William Smith as the afd. William Baly by their Attorneys afd. And the Sheriff to witt John Dennis Gent Sheriff of the County afd. Returned the afd. Writt of Veniry facias and the Names of the Jurors in all things Served and Executed and the Jurors of that Jury thereof Impannelled being Called to witt George Irving, William Pollit, Marcy Beauchamp, George Day Scott, George Wails, Michael Dorman, Zorobable King Wm. McClemey, William Heath, James Polk, William Fleming and John Anderson Came who to Say the truth of the Premisses afd. being Elected tryed and Sworn upon their Oath Say that the afd. William Baly is Guilty of the premisses above upon him Imposed in Manner and form as by the afd. Wm. Smith Against him hath Complained And Assessed the Damages of the Said Wm. Smith by Occasion of the premisses afd. beyond his Costs and Charges by him about his Suit in that part Apposed |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 69b View pdf image |
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