Volume 557, Page 818 View pdf image (33K) |
818 3.d Reas For that by reason of the manifest uncertainties and insufficiencies in the Plts declar the Defd.t could not put in a certain plea and therfore prayes Judgm.t &c.a Which Reasons being Argued and by the Court considered y.e said Demurrer and Reasons therunto are by this Court Overruled
ag.t the sd Defend.t they ought not to have and maintaine for that the Deft by protestacon saith that att the time of the sd Plts purchaseing his Maj.ties Writt ag.t the sd Deft he the sd Deft was not indebted to the sd Plts the sume of Tenn Thowsand poundes of Tobaccoe as in the sd Plts declaracon sett forth and of this he putteth himselfe upon the Country Earle p Deft And Plt allsoe Hemsley Command was therfore given to the sheerif of Kent County that he cause Twelve good and Lawfull men of his Bailiwick to come before this Court to Try the Issue Joyned as above w.ch Jury are viz
Which Jury being duely sworne to Try Issue Joyned and haveing the whole matter openned as well on behalfe of the Plts as the defd.t the Court giveth them their Charge who withdraw to consider on the promises and after some time doe Returne who being called over againe as allsoe the Plts and Defend.t the Jury doe Returne that they find for the Plts and soe they said all But the sd Defend.t by his sd Attorney moves this Court in Arrest of Judgm.t and prayes until next Court for fileing his Reasons which is accordingly granted S Wilmer Clk |
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Volume 557, Page 818 View pdf image (33K) |
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