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Kent County Court Proceedings, 1676-1698
Volume 557, Page 631   View pdf image (33K)
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part but the residue he hath denied alltho often required then
the proof ofdd and request would have been sufficient and if the
Plt had been Extravigent in chargeing then the Jury mought
Mitigate Hughes Abridg.t title Count & declr par 54.h in Hall &
Wastland case B R

6.thly
The plt hath not sett forth that ever he required the debt of the
defend.t which he ought to have don and Averd the time the place where
and when Otherwayes the Defend.t cannot have Notice when and who
to pay it too as by our Act of Assembly here and in Hughes Abrid
title County and Declr par 12 24 26.th and not withstanding that
the Jury found for the plt it was their misunderstanding for by
the Law of God and man it is that by the mouth of Two Evidence
the truth shall be Established and this Jury hath found for the plt
contrary to the Lawes of God an Man viz Common Law statute
Law and Custom Law which are the Lawes wee are Governed by

Therfore for the reasons aforesaid the defend.t saith that for the
Manifold imperfections and insufficiencies in the said plt in the
sd plt declr and the Matter therin contained humbly prayes that
this Worshipfull Court will pay the Judgm.t aforesd
                                                Hemsley p Defend.t

Westels
   ver
Wade
Replicacon to y.e Reasons in Arrest of Judgm.t

The plt by Griffith Jones his Atto.rny defendeth the force and Injury
&c.a and in Answer to the first Article saith that the variance
is helpen by the statute of Jeofaile 32 of Hen 8.th Cap 30.th y.t
after Issue tried there shall be Judgm.t given notwithstanding at
any Jeofail or mispleading and allsoe recited by the statute of
the 18.th of Eliz Chap14.th as You may read in Wingates Abridgm.t
folio 291

2.dly
Wherin the Defend.t declares that the Writt and declr are without any
Predicons in Accons of Trespasse upon the case there are no Addicons required
except it be p.rsentm.ts or processe of outlary the reason is in
favor of life Wingate Abridgm.t folio 6 or bills or bonds wherby
they may make their Original processe to Agree with their obligacon

Compleat Attorney folio 7
3.dly
Wherby the Defend.t doth Instance that the debt in the declr is not
contracted in any place he contradicts one he dictates for in the
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Kent County Court Proceedings, 1676-1698
Volume 557, Page 631   View pdf image (33K)
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