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March Court
1725
120 to the afd Plea the Plft demurs Gale and the deft Joyns Dashielll Whereupon all and Singular the Premisses by the Justices here Seen heard and fully understood it Seemeth to the Same Justices here that the Plea afd of the afd deft above in bar Pleaded is not Sufficient in the law to the Same Plft of his action afd to have and preclude &c Therefore it is Considered by the Justices here the Eighteenth day of august anno Dom one thousand seven hundred and twenty five afd that the afd John Cumberbatch Recover against the afd Jacob Messick as well the Sum of two pounds twelve Shillings and Eleven pence Currant money his damages by Occasion of the premisses afd as also the Sum of two hundred and fivety three pounds of tobo by the Court here adjudged unto him for his Costs and Charges by him about his suite in this behalfe Laid out & Expended and the afd deft in mercy &c Whereupon the afd Jacob Messick by his attorney afd prays that according to act of assembly in Such Case made and provided the Court would dissolve into a Court of Chancery in the action afd which is accordingly Granted and rul'd that the Said Jacob Messick Prefer his Bill in the Premisses afd which Bill follows in these words vizt Be it Remembred that this ^day to witt^ y.e^ 19th day of August anno Dom One thousand seven hundred and twenty five Came Jacob Messick ^into Cot^ by George Dashiell his attorney and Exhibitts his Bill of Complaint in Chancery & shews to your Honours yt this day Judgm.t was given ag.t him in an action Brought ag.t him by John Cumberbatch for two pounds Twelve Shill.s & Eleven pence Curr.t mony of this province which said sume was attached in y.e hands of y.e Complaniant by a Certain Rich.d Tiler as y.e Effects of Joshua Mesick in y.e year of one thousand seven hundred & twenty & two & there was Condemnation of y.e same before Somrsett County Court then Sitting & Since paid by your Complaniant to y.e Said Tyler as he is ready to make appear to y.r Honours & furth.r y.t yr Complaniant Never did owe Anything to y.e said Cumberbatch by any other Means thereon acc.t of his Brother Joshua afd for which he past his Note to y.e said Cumberbatch which y.e action afd is Brought before the said Tyler attached in his yr Complaniant hands therefore yr Complaniant prays yr Honours to resolve yr Selves into a Court of Equity then & there to hear the Matter fully according to y.e act of assembly of this province & to doe therein as it shall seem good according to Equity & Good Concience in which yr Complaniant prays Relief George Dashiell p.r Plft And the deft in Chancery Jno Cumberbatch by Levin Gale his attorney Comes and Says that the facts above alledged are not Sufficient for the Court to sett aside the Judgm.t given at Law without that &c L Gale P Deft Whereupon all and Singular the premises afd being Seen and by the Court fully understood it seemeth to the Court here that the damurer ^afd of the afd Deft^ is Insufficient to sett aside the Bill afd and it is further Said by the Court ^to^ the afd Deft that he further answer the Bill afd of the afd Complainant by Next Court &c same day is given to the Complainant also Att which Said Next Court to wit the sixteenth day of Novel anno Dom One thousand seven hundred & twenty five Came again as well the afd Complainant as the afd Deft and the Bill afd of the afd Complainant is Continued by the Court until next Court for the afd deft to make answer &c and the Same day is given to the afd Complainant also Att which Said Next Court to wit the fifteenth day of march anno Dom One thousand Seven hundred and twenty five Came again ^to^ afd Plft by his attorney afd and prays that the afd deft to his Bill afd may answer but the Said Deft although' Solemnly Called Came not but made default &c Therefore it is Considered by the Court here and decreed that one Execution Issue on the Judgm.t afd at Common Law Rendered on behalfe of the afd Jan. Cumberbatch against the (afd) |
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Somerset County Judicial Records, 1725-1727
| Volume 840, Page 120b View pdf image |
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