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Aprill Court
1723
(34) Att which said next Court to witt the Twentieth day of November Ann Dom One thousand Seven hundred and twenty two Comes againe the said Parties by their attorneys afd and the said deft by her said attorney Prays from the Leave to Imparle hereunto untill the Next Court and she hath it and the same day is given to the Plft also Att which said next Court to witt the Nineteenth day of march Ann Dom One thousand seventeen hundred and twenty two Come againe the said Parties by their attorneys afd and thereupon the Court adjourns untill the Last tuesday of App Aprill being the thirtieth day of the same month Ann Dom One thousand seven hundred and twenty three on which day and year Last mentioned the Court satt againe and then and there Come the said Partys Plfts and deft by their attorneys afd and the said Esther Skirvin by her attorney afd as before defends the force and Injury when &c and prays Judgm.t of the declaration afd because she saith that the decl.n afd and the matter in the same Contained are Insufficient in Law the action of them the afd Ebbinezer and Pricilla against her the afd Esther to have and maintain to which decl.n the said Esther needs not nor by the Law of the Land is she obliged in any manner to answer and this she is ready to verifie wherefore for want of a sufficient declaration in that Part the said Esther prays Judgm.t and that the afd Ebbinezer and Pricilla from haveing their action afd against her may be Barred and for Causes of Demurer the said Esther according to the form of ye statute shews to ye Court here the reasons following viz.t 1.t for that it doth not appear by the said declaration that the Bill of Exchange was tendered to and demanded of Thomas Hanna to whom it was directed 2dly No assumption is laid to be made by William Skirvin in his Lifetime or by the Ex.x after his death Lastly ye Declaration is Erronious in matter of substance and wants form Allen P Defte And the afd Ebbinezer and Pricilla for that they have above in declareing alledged sufficient matter in Law to maintain their action afd against the afd Esther which they are ready to verifie which Certaine Matter the afd Esther doth not gainsay nor thereto in any wise answer Answer but that verification to admitt altogether refuses Prays Judgmt and then damages by occasion of the Premises to them to be adjudged &c W.m Tazewell Whereupon all and singular the Premisses by the Court there seen heard and fully understood and Mature deliberation thereupon had for that it seems to the Court here that the declaration afd and the matter therein Contained are sufficient in the Law for them the said Ebbinezer Handy and Pricilla Burton Ex.rs as afd their action afd against her the said Ester Skirvin Ex.rx as afd to have and Maintain Therefore it is Considered by the Justices here the thirtieth day of Aprill Ann Dom One thousand seven hundred and twenty three afd that the said Ebbinezer Handy and Pricilla Burton Ex.rs of the same Samuel Handy dec.d recover against the said Esther Skirvin Ex.rx of the same William Skirvin dec.d as well the sum of ten pounds Sterr then damages afd as thirty shillings ster damages allowed by act of assembly by Occasion of the Premisses afd which said damages do amount to in the (whole) |
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Somerset County Judicial Records, 1723-1725
| Volume 839, Page 34 View pdf image |
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