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Kent County Court, Proceedings, 1701-1705
Volume 740, Page 129   View pdf image
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                                         Septr.
      plf by his Sd. Attry As the Sd. Deft. by his Said Attry who further
      defends the force and Injury when &ca. And Sayth yt. for the Manifold
      uncertainties and insufficiencies in the plaintfs account upon which
      his decln is Grounded he the Said Deft. is not bound nor by the Law
      of the land is he obliged to Answer thereunto All which he is ready —
      to Aver Therefore for want of A prticular account and certaine
      Matter therein Contained he the Said Deft. prays Judgt: &ca. ~
      First reason in demurr the plaintf in the eighth article of Said Acco:
      Chargeth the deft: for one fr febrifug Julep fr. three doses ye. Sume
      of one hundred and twenty pounds of Something: But doth not Sett
      forth what yt. fr. febrifug Julep was for. nor the three doses wt:
      they were nor wt. grief they were intended against as he ought to do
           Second reason: the plaintf in the last Article of Said Account —
      Chargeth the deft. with his dyet and trouble three hundred pounds of
      tobacco but doth not Set forth how long he did dyet him ~
      whether A month week day or year now how long he was
      Troubled with him or did tend him which is So uncertaine a
      Method of Stating accounts yt. the practice of the Law admitteth not
      thereof neither can the deft: put in a certaine Answer thereunto &ca:
      Third reason ye: plaintf Chargeth the Deft: with the Sume of
      two thousand Sixty four Something or other but what the plaintf
      meaneth thereby the Deft. Wotteth [?] not for by Said the plaintf
      doth not Either mencon money tobacco Iron trim Lead Cows horses
      Sheep &ca. nor no Manner of Comodity nor Coyn- whereby that
      he May know what he is charged with and therefore tis —
      Morally Impossible to put in any Certaine Answer thereunto &ca:
      for which reasons he prays Judgt. as afd ~
           And the Sd. plaintf Sayth yt. he is obliged &ca: and therefore
      for want of a Sufficient Plea &ca: ye. Sd plaintf prays Judgt. Siliter
           And now the pleadings and Allegations on both Sides being
      by the Justices heard And Maturely deliberated It is by them
      Considered this twenty Second day of Septr. afd That the Said John
      Boyer take Nothing by his writt afd but be in Mercy for his –
      false Clamour And that the Sd. John Collins go thereof without
      day and it is likewise Considered by the sd. Justices yt. the sd. John
      Collins recover agt: the sd. John Boyer the SUme of three hundred
      forty and Seven ————— pounds of tobacco for his Costs and Charges
      in this behalf layd out and Expended &ca.
                                                                                                     ( John



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Kent County Court, Proceedings, 1701-1705
Volume 740, Page 129   View pdf image
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