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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 49   View pdf image
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39                                                    March    Court    1701
Robert Smith    Non Assumsitt moda et forma pr patriam       Earle pr Defendt.
ads
Thomas Mann    And ye Plaintf. in like manner       Macklin pr qr

   Comand was therefore given to ye Sherf. of Kent County that he cause to
come here Twelve &a. by whom &a. who neither &a. to recognize &a. to which ye Said Sherf.
made answer he had There ready Twelve &a. as by his precept he was comanded vizt. Thomas
Wyatt foreman Thomas Gwin Edwd. Plestoe George Powell Thomas Ford John Jhonson Thomas
Browne Nicholas Massey William Robinson Nathanll. Cleave John Offley and Jacob Young
which being duly Elected Tryed and Sworne to try ye Issue as above Joyned ye Said Plaintf. by
his Said Attry prayes that ye Said Plaintf. may have liberty to prove his Acct. & after Some
dispute between ye Said Attrys about ye proving ye Said Acct. it was ordered by ye Court that ye Sd.
Thomas Mann have ye liberty to prove his Acct which Accordingly performed and ye jury
having heard ye pleadings Evidences & Allegacons on both Sides ye Court giveth them theire
Charge who withdraw to consider on ye premises and After Some time doe againe returne & being
againe called over as alsoe ye Plaintf. & Defendt. & being asked who they found for doe Say wee
ye jury find for ye Plaintf. & by Thomas Wyatt theire foreman all of them Soe Say
But ye Said Defendt. by his Said Attry prays an Arrest of Judgmt. & time to be given
him untill ye next Court to file his reasons which was granted unto him
Att which next Court vizt. ye 25. day of March Anno Domi. 1701 came as well ye Said Plaintf
by his Said Attry as alsoe ye Said Defendt. by his Said Attry
Thomas Mann Plaintf          Reasons in Arreast of Judgement
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Robert Smith Defendt.
1st.    The plaintf. Decln. doth consist of & is grounded upon divers different principles Soe that
           by ye Law noe direct Answer could be given thereunto
2dly.    The Plaintf. by ye Law could not be by this Court recd. to prove any thing but Acct. & ye Decln.
           doth Sett forth Severall Spll. Contracts which ought to be proved by wittnesses & not by his
           owne oath
3dly    The proofe which he did make was not According to Law because he gave noe Creditt nor
           did Acknowledge any Satisfaction paid which by ye Law he ought to have done for all which
           reasons Judgement ought not to be Entered for ye plaintf.       Earle pr Defendant

Which Said Reasons being argued and by ye Court duly considered ye Said reasons were overuled
by ye Court Except Leiut. Coll. Thomas Smith prsident of Said Court who is of A different
oppinion , And Judgement is awarded to ye Said Plaintf. at. ye Said Defendt. for his Debt &
Cost accrewing thereupon
Therefore it is Considered by ye Court here that ye Said Plaintf. Thomas Mann doe recover
from ye Said Defendant Robert Smith as well ye Sume of one Thousand four hundred Twenty eight
pounds & A halfe pound of Tobo. & forty Seaven pounds Three Shills. & Six pence Sterg. debt
as alsoe ye Sume of Seaven hundred Thirty & Seaven pounds of Tobo. cost of Suite & ye Said Robert
in mercy                                                                             Jno Dowdall Clk

But ye Said Defendt. prayes liberty to Appeale from ye Judgemt. of this Court to ye next prvinll.
Court which was Granted unto him he giving bonds According to Act of Assembly in that Case made &
prvided who gave bond Accordingly



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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 49   View pdf image
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