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March
Court 1728
164 Injury when &.c and prays Leave to Imparle hereunto untill the next Court and he hath it and the same day is given to the afd Plft here also &a Att which said next Court to witt the twentieth day of June ann.o Dom one thousand seven hundred & twenty Eight Came againe as well the aforesaid John Ellis as the aforesaid Thomas Billings by their attorneys afd and thereupon the afd deft by his said attorney prays further leave thereof to Imparle hereunto untill the next Court and he hath hath it and the same day is given to the aforesaid plft here also Att which said next Court to witt the fifteenth day of august anno Dom One thousand seven hundred and twenty Eight Came againe as well the aforesaid Plft as the aforesaid deft by their attorneys afd and whereupon the said Deft by his said attorney as before defends the force and Injury when &c and says that he is not Gull Guilty of the premises as the plantife above against him hath Complained and for tryall thereof puts himselfe upon the Country and the afd Plft likewise Thereupon Command is given to the Sher of Somersett County that Immediately 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 Sher to witt John Purnall Gent Now hereat this day to witt the same day and Year last mentioned makes return that he hath here ready twelve &c as by his said Preceipt he was Commanded and now hereafterwards to witt the same day and Year Came as well the aforesaid plft as the afd deft by their attorneys aforesaid and the Jurors of that Jury therein Impannelled being Called likewise Came to witt Thomas Gillis, Lewis Disharoon, John Townsend Jun.r John White Pocomoke, Thomas Humphrys, John fleming, John Shockley John Broughton, Johnson Hill James Rownd Stephen Walton John Roach who being duely Elected tryed and Sworn to say the truth in the premises upon their Oath do say that the Said Thomas Billings is guilty of the Shooting of the afd Jn.o Ellis's Horse as he above against him hath Complained and do assess the damages of the Same John by occasion of the premises aforesaid besides his Costs and Charges to thirty Shillings Curr.t mony and for those Costs and Charges to one pounds of tobacco And because the Court here of their Judgm.t of and upon the verdict & premisses afd to render will advise day thereof is given to the aforesaid John and Thomas untill next Court of their Judgm.t thereof to hear for that the Court as yett &c Att which said Next Court to witt the Ninteenth day of November anno Dom One thousand seven hundred and Twenty Eight Came againe as well the afd John as the aforesaid Thomas by their attorneys afd and because the Court here of their Judgm.t will advise of and upon the premises and verd.t aforesaid further day thereof is given to the Partyes afd untill next Court of hearing their Judgm.t for that that the Court here as yett &c Att which said Next Court to witt the Eighteenth day of March anno Dom one thousand Seven hundred & Twenty Eight Came again as well the aforesaid John as the afd Thomas by their attorneys afd and whereupon all and Singular the premisses aforesaid being by the Court fully heard and understood and mature thereupon had it seems to the Justices here that the aforesaid John have Judgmt against the afd Thomas for as much Costs as Damage according to the form of the statute in such Case made and provided &.c Therefore it is Considered by the Court here that the aforesaid John Ellis Recover against the aforesaid Thomas Billing his damages afd by the Jurors aforesaid assessed to thirty shillings Currant mony and One pound of tobacco as also three hundred and Sixty One pounds of tobacco for his Costs and Charges to the same John by the Court here adjudged according to the form of the Statute in Such Case Lately made and Provided &c |
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| Volume 841, Page 164b View pdf image |
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