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Somerset County Judicial Records, 1723-1725
Volume 839, Page 178b   View pdf image
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    March Court             1723                178
the force and Injury when &c and pray Leave to Imparle hereunto untill the next Court & they have it and ye
same day is given to the plft also                  Att which said next Court to witt the Seventeenth day of March
Ann.o Dom One thousand seven hundred and twenty three Come again as well the said plft as the said defts by
their attorneys afd and the said defts by their said attorney as before defends the force & Injury when &c and
say that the afd Nathaniell his action afd thereof against them the said Joseph and Eliz.a ^to have & maintain ought not because they say that ye said Elizabeth^ did not assume upon
herselfe at any time within three years before the day of the Issueing of the Originall writt of him the said Nathaniell
in manner and form as the afd Nathaniell ag above against him Complains and this the said Joseph &
Elizabeth are ready to verifie wherefore they pray Judgmt if the afd Nathaniel his action afd thereof against them
to have and maintain Ought &c       F Allen P Deftrs
                And the afd Nathaniell says that ^he^ by anything prealledged ought not to be precluded from having his
Action afd because he says that the afd Elizabeth within three years before the Issueing the writt originall
of him the said Nathaniell that is to say the tenth day of December one thousand seven hundred & twenty at Somrsett
County afd within the Jurisdiction of this Court did upon herselfe assume in manner & form as the same Nathaniell
above against the same Joseph and Elizabeth hath Complained and this he prays may be Inquired of by the
Country      Levin Gale P Quer            and ye Defts Likewise  (Allen)
          Thereupon Command is given to the sherr of Somersett County that Immediatly he Cause to Come here twelve &c
by whom &c who neither &c to recognize &c because as well &c of which said preceipt the ^said^ sherr to Witt Joseph
MccClester Gentl:  Now here at ^this day^ to witt the same day and year Last mentioned makes return thereof to that he has
here ready twelve &c as by his preceipt he was Commanded and Now hereafterwards to witt the same day & year Come
the said as well the said plft as the said defts by their attorneys afd and the Jurors of that Jury therein Impannelled
being Call'd Likewise Came to witt Thomas Peall John Dennis Sen John White Marumsco William
Holland John Henderson Sen John Bevins William Bratton, David Hazzard, John Patrick Jun
adam Spence Sen Edmond Hough William Mills who being duely Elected tryed & sworn to say the truth in
premisses upon their oath doe say wee doe find for the plft damages five pounds Curr.t money &c
          Whereupon the said defts by their attorney afd p humbly prays the Co Justices that Judgmt may be arrested
and stayed and that Noe Judgmt may be given on the verd.t afd on behalfe of the afd plantiffe  Because the
verdict afd found by the Jurors afd is Contrary to the Issue between the partys afd Joyned
          Whereupon all and singular the premisses by the Justices here seen heard and fully understood and
Mature deliberation thereupon had it seems to the Justices here that the verdict afd found by the Jurors
is not good and that the same be quashed and heild for Nought and that Noe Judgmt be given thereon for ye
the plft afd &c                            Therefore it is Considered by the Justices here the seventeenth day of
march ann Dom One thousand seven hundred and twenty three afd that the said Nathanell Horsey take Nothing
by the verdict afd but be in Mercy for his falce Clamour and that the said Joseph Gray & Eliza his
wife goe thereof without day &c and also it is Considered by the Justices that the said Joseph Gray & Eliz.a
972   his wife recover agt the said Nathaniell Horsey the sum of Nine hundred & Seventy Two
pounds of tobo by ye Court here adjudged unto them for their Costs and Charges by them about ye 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 178b   View pdf image
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