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Kent County Court Proceedings, 1676-1698
Volume 557, Page 871   View pdf image (33K)
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                                                                            871

Richard and Anna did beat wound and Evilly Entreat and
other great harmes to them the sd Richard and Anna his
wife he the sd Robert did doe ag.t the peace &c.a

And wherupon the sd Plts by Michael Earle their Att.ry
complaineth and saith that Whereas the sd Robert
Davenish in Eastern Neck hundred within the Jurisdicon
of this Court y.e 6.th day of September Annoq Dom 1697
by force by Armes into the house of the sd Richard and
Anna did Enter and with swords staves clubs and Knives
and other weapons on the Bodies of the said Richard and
Anna his Wife he the sd Robert made an assault & them did
Greviously beat wound and evilly Entreat and other great
harmes to them the sd Richard and Anna his Wife he the sd
Robert did doe ag.t the peace of our soveraing Lord the King
that now is &c.a Wherupon the sd Richard and Anna his Wife
saith that they the Worse is and damage hath to the value
of and therupon they bring this suit
                        Earle p q.r pledges &c.a Jn.o Doe Ri Roe

And y.e sd Defend.t by Richard Macklin his Att.ry comes and
Defends &c.a and craves Oyer of the Writt Original
                                                                    Macklin p Defd.t

And the sd Plt by his sd Attorney saith that the declr is
good    Earle p q.r

And the sd Defend.t by his said Att.ry saith that according to
the statute of Demurrer there ought in all Accons personal
there ought to be dammage laid in the declr for if no dam
ther cann be no cause of Accon and in the plt declaracon there
is no damage And therfore vitious and good cause of demurrer
Which being argued and by this Court considered doe give
Judgmt that the said Demurrer is good in Law


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Kent County Court Proceedings, 1676-1698
Volume 557, Page 871   View pdf image (33K)
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