Archives of Maryland, Volume 0740, Page 0303 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

                                         Jan^rÿ Court 1703: 4
       Att w^ch: S^d next Court to witt y^e 22^th Daÿ of June 1703 ~~This accõn was Conti~~=
     :~~nued unt~~ being y^e Daÿ of y^e ret^r of y^e writt y^e Sher^f made ret^r hereof Cepi
      Corps p^r me John Hawkins Sher^f :    —    —      —    —    —
           Whereupon y^e S^d Def^t appears, and bÿ Ri: Macklin his Att^rÿ praÿs —
      leave to Imparle hereunto untill next Court which is Granted him y^e Same
      Daÿ is Given y^e pltf alsoe att w^ch S^d next Court to witt on y^e 24^th Daÿ of
      Aug^t Anno Dñi 1703 This accõn was Continued untill next Court att w^ch S^d next
      to witt on y^e 28^th Daÿ of 7ber anno Dni 1703 this accõn was further Continued
      and it was Still Continued from Court to Court untill this p^rsent Court, to witt
      this 25^th Daÿ of Ja^rÿ anno Dni 1703:4 when Comes as well the S^d Def^t bÿ his
      att^rÿ afs^d, as y^e S^d pltf bÿ Michael Earle his att^rÿ who Declares as followeth
                                                                                 viz^t —    —    —

	\| Ss/
Kent Countÿ	\| Jer^a. Miles of Tallbott Countÿ Merchant Stands attached to answer unto Jacob Caulk
in Marÿland	\| of a plea of trespass upon y^e Case /

      And whereupon y^e S^d Jacob bÿ Michael [illegible] att^rÿ Complaineth & Saith y^t whereas on y^e 27^th
     Daÿ of Ja^rÿ annoq Dni 1701 in S^d Countÿ w^thin y^e Jurisdiction of this Court a Certaine
     Comunication was had & moved betwen y^e S^d Jerãmia & & S^d Jacob of an Concerning an action upon y^e
     brought bÿ y^e S^d Jacob ag^t y^e S^d Jerãmia then Standing for trÿall in S^d Countÿ Court, for unjustlÿ
     w^thholding one Graÿ Gelding from him y^e S^d Jacob &c^a upon w^ch Comunication it was then
     & there agreed bÿ & between y^e S^d parties, att y^e Speciall Instance & request of y^e S^d Jer^a. y^t if
     he y^e S^d Jacob wo’ld Discontinue y^e afs^d accõn brought bÿ him y^e S^d Jacob a^t him y^e S^d Jer^a
     who then Stood for Trÿall as afs^d, that then & in Condracõn thereof y^e S^d Jer^a upon himself
     assumed & unto y^e S^d Jacob faithfullÿ p^rmissed y^t he y^e S^d Jer^a: wo’ld well & truelÿ paÿ or cause
     to be paid unto y^e S^d Jacob y^e Sum^e of five hundred pounds of good tobacco in Cask when thereun^to
     afterwards required and y^e S^d Jacob in Deed Saÿeth Giving Creditt to & Depending upon y^e
     fair p^rmises of him y^e S^d Jer^a he y^e S^d Jacob Did Cause y^e afs^d accon to be Discontinued
     as bÿ y^e records of S^d Countÿ Court apprs yett notw^thstand y^e S^d Jer^a his p^rmiss & assumption
     before made not minding nor regarding but Shifting & fraudulentlÿ Contriveing him y^e
     S^d Jacob in this behalfe to Deceive & Defraud y^e afs^d 500^ls of tob^o unto y^e S^d Jacob he
     hath not paid although often Demanded but y^e Same to paÿ he hath Denÿed & re=
    :fused & Still Doth Denÿ & refuse & unjustlÿ Detaine to y^e Damãge of y^e S^d Jacob
     1000^ls of tobacco & thereupon he brings this Suit: Earle p^r q^r Pledges Joⁿ Deo: Rid Roe
        To w^ch Declaⁿ y^e S^d Def^t |bÿ Ri: Macklin his att^rÿ) comes & Defends y^e force &
      Injurÿ when &c^a and plea Saÿeth ~~nõn assumpsett~~

Jeramia Miles	\|
ads	\| non assumpsit modo & forma p^r patriam
Jacob Caulk	\| Macklin p^r Def^t

                                                             And the pltf in like manner Ea^rle p^r q^r ——
           Whereupon Comãnd was Given to y^e Sher^f of Kent Countÿ that he Ime=
    : diatelÿ Cause to Come here twelve &c^a bÿ whome &c^a who neither &c^a to
      recognize &c^a and y^e S^d Sher^f makes an Immediate return of his S^d
                                                                                                     p^rcept

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Kent County Court, Proceedings, 1701-1705

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