Volume 557, Page 631 View pdf image (33K) |
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631 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
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 first |
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Volume 557, Page 631 View pdf image (33K) |
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