Volume 841, Page 7 View pdf image |
June Court
1727 7 Ennalls as the afd Tobias Burke by their attorneys afd and whereupon the af Tobias Burk by his said Attorney prays further Leave to Imparle hereunto untill the next Court And he hath it and the same day is given to the afd Plfts here also Att which said next Court to witt the twentieth day of June Anno Dom one thousand seven hundred and Twenty Seven Came again as well the afd William Holland & Eliz.a his wife and William Ennalls as the afd Tobias Burke by their attorneys afd and the said Tobias Burk by his said attorney as before defends the force and Injury when &c And Saith that the said William in his ^afd^ Capacity his action afd against ^him^ the said Tobias Thereupon he ought not to have and Maintain because he saith that before the Suing out of the ^originall^ Writt of him the said William in his said Capacity against the said Tobias in the plea afd the Debt in the said Williams Declaration Clamed was not first demanded and Required by the said William Either of the proper person of the said Tobias or at Habitation or Place of Residence according to the form of an Act of assembly of this province now in force in Such Case made and provided and this he is Ready to veryfie and prays Judgm.t and that the said W.m from having his action afd against him the said Tobias there upon may be barred &c And the afd plfts demurs generally to the plea afd the deft Joyus Whereupon all and Singular the premisses by the Court here being fully read and mature deliberation thereupon had it seemeth to the ^same^ Court here that the plea afd by the afd Tobias in manner and form afd above pleaded and the matter in the same Contained are not Sufficient in the Law the afd W.m Holland and Eliz.a his wife and William Ennalls of their action afd thereof against the afd Tobias to have and preclude Therefore it is Considered by the Court here the twentyeth day of June anno Dom one thousand seven hundred and twenty seven that the afd William Holland and Eliz.a his wife and William Ennalls Exrs of the same Thomas Ennalls dec.d Recover against the afd Tobias Burke seven hundred 400 and ten pounds of Tob their damages afd as also four hundred pounds of tobo for their Costs and Charges by them about their suite in that part Expended to the same Wm Holland and Eliza his wife and W.m Ennalls by the Court here of their assent adjudged and the afd deft in Mercy &c
then next to answer unto Wm Fasitt of a plea of trespass upon the Case &c and that thereof he should not fail &.c Att which said third tuesday of Novem to witt the fifteenth day of the same |
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Volume 841, Page 7 View pdf image |
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