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March Court
1723
168 the same attachm.t that he shall ord they be & appear before the Justices of Our Said Court to be held as afd to shew Cause if any he she or they have why the same goods Chattells Rights or Creditts so attached in his her or their hands ought not to be Condemned and Execution thereof had and made according to the form of the act of assembly in that Case made and provided if to him her or them it shall seem mete and how you shall Execute this writt that you make Known unto our Said Justices at the day & place afd and have you then & there this writt Wittness Charles Ballard Gent Chief Justice of Our Said Court the 24 day of march in the 8.th year of our Dominion &c ann Dom 1722 (F Allen) Thomas Hayward Cler Att which said next Court to witt the Eighteenth day of June ann Dom one thousand seven hundred & twenty three being ye Day of the return of the said Writt Comes the said Robert Martin by his attorney and the sherr of Somrsett County to whom the foregoeing writt was directed Likewise Comes & makes Return thereof to the Court here Endorst in these words following vizt To the Worshipfull Justices within mentioned I humbly Certifie that I have attached in the hands of Patrick Daley one pair of hand Mill Stones and frame as the goods and Chattells of Anthony More and I further Certify that I have given Notice unto the said Patrick Daley that he be & appear at the time & Place with in Contained to shew Cause &c before John Doe & Richard Roe good & Lawfull men of my bailywick as by the within Writt I am Commanded so answers Jos: MccClester Sherr And the said Patrick Daley Garnishee as afd by Levin Gale his attorney Comes & defends the force & Injury when &c and prays Leave to Imparle hereunto untill the next Court and he hath it & the same day is given to ye plft also Att which said next Court to witt the twentieth day of August ann Dom one thousand seven hundred and twenty three Comes again as well the said plft as the said deft by their attorneys afd and the said deft by his said attorney prays further Leave to Imparle hereunto untill the next Court and he hath it & the same day is given to the plft also Att which said next Court to witt the Ninteenth day of November Ann Dom One thousand seven hundred and twenty three Comes again as well the said plft as the said deft by their attorneys afd and the said deft by his said attorney as bef prays further Leave to Imparle hereunto untill the next Court and he hath it & 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 & twenty three Comes again as well the said plft as the said deft by their attorneys af and the said deft by his said attorney as before defends the force & Injury when &c and saith that the afd Robert Condemnation of the premisses Millstons or any part thereof so as afd attached ought not to have because he says that he hath not nor at the time of Laying the attachm.t afd in his hands hath had any Milstones or Stone or any part of any of the afd Anthony Mores in his hands and this he is Ready to verifie wherefore he prays Judgmt if the afd Robert Condemnation of the premisses or any part thereof so as afd attached ought to have &c Levin Gale P Deft Whereupon the afd Patrick Daley Garnishee as afd by his attorney afd prays that the afd Robert Martin to his plea afd may answer But the said plft altho' solemnly Called Comes not nor to the plea of of the afd deft answereth nor is his writt ag.t the afd deft further presented 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 Robert Martin take nothing by his writt afd but yt he & his pledges of prosecuting that is Jno Doe & Richd Roe be in mercy &c & that ye said Pat Daley goe thereof without day and also it is Considered by the Justices here that the said Pat Daley Recover ag.t the said Robert Martin the sum of Two hundred & Twenty pounds of tobacco by ye Court here adjudged unto him for his Costs and Charges by him about his defence in this Behalfe Laid out & Expended according to the force of the Statute & yt he have thereof his Ex.n &c |
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Somerset County Judicial Records, 1723-1725
| Volume 839, Page 168b View pdf image |
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