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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 168   View pdf image
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                                                   Novemr.    Court    1701                                               [111]
Kent County    Ss    Thomas Craft was Sumoned to Answer unto Joshua Sweatnam of A
in Maryland             plea of Debt that he render unto him ye full & just Sume of eight
                               pound Thirteen Shillings which to him he oweth & from him he unjustly
                               detaineth
And whereupon ye Said Joshua Sweatnam in his proper person complaineth & Saith that where[as]
ye Said Thomas on ye 3d. day of Sepr. Annoq Domi. 1701 in Kent County within ye jurisdic[tion]
of this Court ye Said Thomas did at ye Spll. request of himselfe to Wm Sweatnam & Thos
Covington both of ye Afsd. County & within ye jurisdiction of this Court to preswae ye Sd.
Joshua Sweatnam to comply wth. ye Said Thomas for ye wrong and injury he had doen
ye Said Joshua & pursuant to which proposalls ye Said Wm Sweatnam & Thomas
Covington did on ye day & yeare Afsd. upon ye request of ye Said Thomas agree that ye
Said Joshua Should in Satisfaction of ye wrong done to have Tenn pound Sterg. mony
which with ye Said Wm Sweatnam and Thomas Covington did wth. ye Said Thomas his
Consent agree & for ye confirmacon of which ye Said Thomas did pay unto Wm Sweatnam
one pound Seaven Shillings as in part of ye Tenn pounds & ye remainder ye Sd. Thoms
did write A Short noate upon Giles Bond whose day & date is as above Sd. and hereinto
Court brought which ye Said Thomas though notwithstanding his Agremt. made hath
refused to pay but plotting contriving & fraudulently intending ye Said Joshua to deceive
ye Afsd. Sume of Eight pound thirteen Shillings he hath not paid altho often demanded
but ye Same to pay hath denyed & refused and Still doth deny & refuse & unjustly
detaine to ye damage of ye Said Joshua Seaventeen pounds Six Shillings whereupon
he brings Suite                      Joshua Sweatnam pr qr. pleadges &a. Jno Doe
                                                                                                     Richard Roe
Thomas Crafts    And ye Said Defendt. by Richard Macklin his Attry comes & defends ye
ads    force & injury when &a. and Sayes that for ye manyfold insuffitiencies
Joshua Sweatnam    imperpections & uncertainties in ye plaintfs. Decln. & ye Matter in ye Same
contained that that decln. in that Manner & forme doth not hold Suffitient in Law to cause ye
Said Defendt. to make answer thereunto and that he to that Decln. in that manner & forme
Sett forth hath noe need nor by ye law of ye land is bound to Answer and this he is ready
to Averr whereupon for want of A Suffitient Decln. of ye Said Joshua & Suffitient
Matter therein to be contained this Defendt. prayes Judgt. &a.
1. Reason In ye Demonstrative part of ye Decln which ought exactly to agree wth ye writt ye
                Plaintf. Saith that ye Said Thomas was Sumoned to answer unto Joshua Sweatnam of
                A plea of Debt that he render him Eight pounds thirteen Shillings &a. whereas
                in ye writt is that he render him Eight pounds thirteen Shillings which is various
~~~~~~~~~~~~~~~
2 Reason Action of Debt lies not upon A Short noate or Script without Seale or upon verball
                Contract
~~~~~~~~~~~~~~~
3d. Reason Noe man can by ye law of England be received or allowed in any Court of record
                to Sue & implead any person in An Action personall mixt or reall in his prpr
                person without an Attachmt. of Priviledge & that priviledge Especially
                recited in ye Court or Decln. to be according to ye customes & practice of that
                Court where Suite is comenced but ye plaintf. hath prosecuted his Action ast
                this Defendt. in his proper person without alleadging his right Soe to doe
                according to ye liberties & priviledges of this Court
~~~~~~~~~~~~~~~
4. Reason The Plaintf. in his Decln. Sayes that ye Said Thomas at ye Spll Instance and
                request of himselfe to William Sweatnam and Thomas Covington to perswad ye Sd.
                                                                                                                         Joshua



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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 168   View pdf image
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