Volume 740, Page 95 View pdf image |
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August ye: 25th. 1702 Dmi 1701 at Chester river in Said County within the Jurisdicon of this Court with force and Arms That is to Say with Swords Axes Knives and Clubs An Assault upon the body of her the Said Elizabeth did make and her the Said Elizabeth then and there did beatt So yt. of her life She did dispaire and other Enormities unto her the Sd. Elizabeth he the Said David did do to the great damage of him the Said Phillip and Contrary to the peace of our Sovereign Lord the King &c & Whereupon the Said Phillip by means of the afd Assault Sayth he is damnifyed in the Service of the afd Elizh. And Damage hath Sustained to the Value of two thousand pounds of tobacco And thereupon he brings this Suit Earle pr qr. plegs. &ca. Jno. Doe Ri Roe // And the Sd Defendt. by R Macklin the force and Injury when &ca. And prays leave to imprle hereunto untill next Court and he hath it The Same day is given the plf also ~ From which Sd next Court being the 23d. day of June 1702 This Cause was Contd. by the Court untill this twenty fifth day of Augt 1702 When Comes into Court as well the plf by his Attry afd as the Deft. by his sd. Attry who further defends the force and Injury when &ca: And Says that the afd decln of the afd Phillip as to the Assault upon the body of the afd Elizh. Farrier Servt. unto the Said Phillip above in ye. afd decln of the Said Phillip contained tha[illegible] decln in Manner and form afd and the matter therein Contained doth not hold Sufficient in Law to Cause him the Said David to make answer thereunto And that he to ys. decln in manner and form afd Set forth hath no necessity nor by the Law of the Land is bound to Answer and this he is ready to averr Whereupon for want of A Sufficient decln of the afd Phillip and Sufficient Matter in the Same to be Contained he the Sd. David Morphey prays Judgt: And his Damages to be Adjudged him &c: Macklin pr Dte And Now here this twenty fifth day of August afd The decln & Demurr. Afd being by the Court heard and fully weighed and deliberated. It is by the Justices Considered that the Said Phillip Hopkins take Nothing by his writt afd but be in Mercy for his false Calmour And yt. the Said David Go thereof without day ~ And it is likewise Considered by the Justices here the Same day And year that the Said David Morphey recover agt: the Said Phillip Hopkins the Sume One Hundred pounds of tobacco for his Costs and Charges in this behalf laid Out and Expended According to the form of the Statute ~ ~ ~~~~~~~~~~~~~~~
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Volume 740, Page 95 View pdf image |
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