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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 104   View pdf image
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                          June    Court    1701                                                    69
Richard Scrivners Exrs    And ye Afsd. Defendts. Exrs in theire Afsd. Capacity
at.    by Richard Macklin theire Attry comes & defends ye
Edward Smiths Exx.    force & injury when &a.       And Saith that for ye
manifold Imperfections and uncertainties in ye Plaintf. Decln. & ye Matter in ye Same
contained ye Said Decln. doth not hold Suffitient in Law to Cause ye Sd. Defendts. Exrs.
to make answer thereunto and that they to that Decln. in manner & forme Afsd Set
forth & Decld. have noe Necessity nor by ye Law of ye Land are bound to Answer and
this they are ready to Aver whereupon for want of A Suffitient Decln . of ye Afsd.
Plaintf. and Suffitient Matter in ye Same to be Conatined ye Said Defendts. pray
Judgemt. of ye Afsd Decln.
Reasons in Demurer       i. There is noe certainty in ye date in ye Plaintf. Decln &
      Conventient certainty is required by ye law in all Declns.
~~~~~
2    The action is upon an Assumpsit & noe consideracon Set forth or Aleadged in ye
      Decln. and where there is noe consideracon ye Maxim in ye Law is ex Nudo pacto
      non oritur action
~~~~~
3.    If ye Said Richard Scrivner Stood Indebted by Specialty an Action of ye Case
      doth not lye but Debt and in ye Demonstrative part of ye Decln. it ought to
      have been Sumoned and not Attached
~~~~~~~
4.    If upon Specialty it ought to have been contained in ye Demonstrative part
      of ye Decln. wth. an Alius Dictus
~~~~~~~
5     The Plaintf. in her Decln. Sayes ye Said Richard in his lifetime did erect
      a paire of Smalle Staires and plaine & lay downe about Eight hundred foot
      of plank in ye Said house whereof there is not any mention made in ye foregoing
      part of ye Decln. of any house to be referred to
~~~~~
6.    She Saith action Accrews to have and require Soe much worke done as
      amounts to ye residue or to have ye Same in Tobo. which would render ye recovery
      uncertaine and ye Plaintf. out to Decle. for Something certaine
~~~~~~~
8.    The Plaintf. in her Decln. doth not aver that ye Said Richard in his lifetime
      nor ye Said Defendants Exrs after ye Death of ye Said Richard did not doe ye
      worke or pay ye Tobo. in ye Decln. above mentioned
~~~~~
9.    The action being upon ye Case and Two whole yeares Expired and Compleated
      Since ye cause of Action accrewed (as by ye Plaintf. owne Shewing) ye Act of
      Assembly for Limitacon of Actions is positively against it which Saith that
      noe Judgemt. Shall be given in any Action of ye Case After two yeares and
      this being A Genll. Law The Court ought Ex officio to Take Notice of it
~~~~~~~~~~
And it hath ever been ye Care of great Judges & wise Sages in ye Law to
preserve ye priviledges and franchises together wth. ye rights & properties of ye
Subject which hath been formerly purchased by our fathers wth a Mass of Money
and great Effusion of blood and if any person be condemned otherwise then by ye
knowne & constant rules of ye Law then Magna Charta availeth us not Ch: 29th
                                                                                 Macklin pr Defendts


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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 104   View pdf image
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