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Kent County Court Proceedings, 1676-1698
Volume 557, Page 607   View pdf image (33K)
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                                                                                                        607

Gerrardus Nessels
          ag.t
John Wade
plea And the said Defend.t as well by himselfe as by his
attorney comes and defends the force and Injury when &c.a
And saith that by a certain Act of Assembly Intitled an Act for prevention
of unnecessary and vexatious sutes it is therby provided that noe accon shall
be commenced by any inhabitant of this ag.t any other inhabitant therof
unlesse demand of the certaine Debt first made & the said Defend.t in fact
saith that in the Declar made noe demand of the certaine sume in the
Declar mentioned before he brought this accon brought and therupon he
puts him selfe upon the Country

Gerrardus Nessels
          ag.t
Jn.o Wade
And Gerrardus Nessels by Griffith Jones his Att.rny
for Replication saith that he ought not to be declared
of his acc.tt because he saith that he often demanded it and further filed
his acc.o with the Declar as the Act in that case is made & provided and therupon
he puts himselfe upon the Court
                                        Jones p qr

The Defend.t Demurs in law to the plt Replication and prayes Judgm.t
                                        Hemsley p Defend.t

The Court over Ruleing the said Demurrer they Joyne Issue upon the
plea aforesaid
                        Hemsley p Defend.t and the plt in like manner Griff Jones

Command is therfore Given to the sheerif to cause Twelve good and
Lawfull men of his Bailiwick to come before this Court to Try the
Issue Joyned which are as followeth

Richard Lowder forman
Georg Smith
John Sutton
Charles Hollingsworth
 John Hues
John Johnson
Thomas Covington
William Wright
 John Wyatt
Thomas Usher
Georg Foxon
John Lewis
Jurors

Which said Jury being duely sworne to Try the Issue Joyned between the
plantif and Defend.t and haveing heard the Declaracon plea Replicacon
and demurrer Read as before recited and haveing likewise heard the
pleadings on both sides the Court gives them their charge who withdraw
to Consider on the p.rmise and after some time returne this following
verdict Wee of the petey Jurey find for the plantive
                                                                        Richard Louther forman

And the said John Wade by William Hemsley his Attorney moves and
arreste Judgm.t and likewise that he may have time for fileing suitt
Reasons which is by this Court accordingly granted
                                                                    Simon Wilmer Clk


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Kent County Court Proceedings, 1676-1698
Volume 557, Page 607   View pdf image (33K)
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