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June Court
1731
102 And the aforesaid Joseph McClester by Levin Gale his attorney Comes and defends the force and Injury when &.c and prayed Leave thereof to Imparle here untill the next Court and he had it and the Same day is Given to the aforesaid John Here also &c Att which Said next Court to witt the Seventeenth day of november Anno Dom One thousand Seven hundred & thirty Came again as well the aforesaid John Barkley as the aforesaid Joseph MccClester by their attorneys afd and hereupon the Said Jos McClester prayed further Leave ^thereof^ to Imparle here untill the next court and he had it and the Same day is Given to the aforesaid Joseph here also &c Att which said next Court to witt the Sixteenth day of march anno Dom One thousand Seven hundred & thirty Came again as well the aforesaid John Barkley as the afd Joseph MccClester by their attorneys aforesaid and whereupon the Said Joseph MccClester as before defends the force and Injury when &.c and saith that he did not assume upon himselfe in manner and form as the aforesaid John Barkley above against him hath Complained and of this he putts himselfe upon the Country and the plft Likewise Thereupon Command is Given to the Sher of Somerset County that Immediately he Cause to 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 here at this day to witt the Same day and Year Last mentioned Comes and 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 afd plft as the afd deft by their attorneys afd and the Jurors of that Jury therein Impannelled being Called Likewise Came to witt William Jones Thomas Reyley Edward Franklin, John Holland, John Townsend Sen.r William Wright Thomas Collins Daniel Boyce Angello Atkinson Bruffe Broughton, Jones Records, W.m Holland who being duely Elected tryed & Sworn to Say the truth in the premisses upon their Oath do Say that the afd Joseph MccClester did not assume upon himselfe in manner and form as the aforesaid John Barkley above against him hath Complained whereupon the afd John Barkley by his attorney aforesaid prays that Court that they will not Give Give Judgm.t on the Verdict aforesaid but dissolve themselves into a Court of Chancery according to an act of assembly in Such Case made and provided which is Granted &c Whereupon day is Given to the parties aforesaid by the Court here to hear thereof their Judgmt in the premisses afd untill the next Court for that the Justices as Yett &c Att which Said next Court to witt the Fifteenth day of June one thousand Seven hundred and thirty One Came againe the Said Joseph MccClester by his attorney and Offers himselfe against the Said John Barkley in the plea afd but the Said John Barkley altho' Solemnly Called Comes not but makes default nor is his writt & declaration afd further prosecuted &c Therefore it is Considered that the aforesaid John Barkley take nothing by his writt and declaration afd but be thereof in mercy for his falce Clamour and that the afd Joseph MccClester Goe thereof without day &c and further it is Considered that the afd Joseph MccClester Recover against the afd John Barkley five hundred 591 and Ninty One pounds of tobacco for his Costs and Charges by him about his defence 686 in that part Sustained to the Same Joseph MccClester by the Court here of his assent adjudged according to the 612 form of the Statute Lately made and provided &c |
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Somerset County Judicial Records, 1730-1733
| Volume 842, Page 102 View pdf image |
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