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March Court 1723
167 the next Court and he hath it and the same day is given to the plft also Att which said next Court to witt the seventeenth day of march ann Dom One thousand seven hundred and twenty three Come againe as well the said plft as the said deft by their attorney afd and the said deft by her said attorney prays Comes and saith that the afd Patrick Condemnation of the premises so as afd attached ought not to have because that she hath not nor at the time of the Laying the attachm.t afd in her hands had or at any time since hath had any goods Chattells Rights or Creditts of the afd Timothy Bloodworth in her hands and this she is ready to veryfie wherefore she prays Judgm.t if the afd Patrick Condemnation of the premisses so as afd attached against her to have ought &c Dashiell P Deft And the said Patrick saith that the plea afd of the afd Mary Garnishee as afd above pleaded and the matter in the same Contained are not sufficient in Law to Bare him the said Patrick from haveing Condemnation of the goods and Chattells afd so as afd attached in her hands as the goods and Chattells of the afd Timothy Bloodworth and that he to that plea in manner & form afd pleaded hath noe need nor by the Law of the Land is he held to answer and this he is ready to answer and this he is Ready to verifie wherefore for want of a Sufficient plea in that part the said patrick prays Judgm.t and Condemnation of the premisses so as afd in her hands attached and his damages ^by^ occasion afd to him to be adjudged &c F Allen P Qer And the afd Mary saith that the plea afd by her in manner and form afd above pleaded and the matter in the same Contained are good & sufficient in Law to preclude the afd plft from haveing his action afd thereof against her the afd Mary which plea & the Matter therein Contained she the said Mary is Ready to verifie which Certain Matter the afd plft doth not gainsay nor to the same in any ways answer but that verification to admitt altogether Refuses (as before) the afd mary prays Judgm.t and that the afd plft from haveing his action afd agt her the afd Mary may be precluded &c Dashiell P Deft Whereupon all and singular the premisses by the Court here seen heard and fully understood & the Matter is the same Contained mature deliberation thereupon had it seems to the Justices here that the plea afd by the said Mary Caldwell in manner and form afd above pleaded and the matter in the same Contained are good & sufficient in Law for the afd Patrick Simpson of his action afd against the said Mary to be Precluded &c Therefore it is Considered by the Justices here the seventeenth day of March ann Dom one thousand seven hundred & twenty three afd that the said Patrick Simpson take nothing by his writt afd but be mercy for his falce Clamour and that the said Mary Caldwell goe thereof without day &c and also it is Considered by the Justices that the said Mary Caldwell Recover agt the said Patrick Simpson the (232) sum of Two hundred & thirty Two pounds of tobacco by the Court here adjudged unto her for her Costs and Charges by her about her defence in this Behalfe Laid Out & Expended according to the form of the statute &c |
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Somerset County Judicial Records, 1723-1725
| Volume 839, Page 167 View pdf image |
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.
Maryland State Archives