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June Court
1732
206 Attorneys aforesaid and whereupon the Same John Riggin prays further Leave thereof to Imparle here until next Court and he hath it and the same day is Given to the aforesaid plft here also &c Att which Said next Court to witt the twenty first day of March ann.o Dom One thousand Seven hundred and thirty One Came againe as well the aforesaid James Nearn as the aforesaid John Riggin Jun.r by their attorneys aforesaid and whereupon the aforesaid John prays further Leave thereof to Imparle hereuntill next Court and he hath it and the Same day is Given to the aforesaid James here also &c Att which Said next Court to witt the twentyeth day of June Ann Dom One thousand Seven hundred and thirty two Came again as well the aforesaid James Nearn as the aforesaid John Riggin Jun.r by their attorneys aforesaid and whereupon the Same John as before defends the force and Injury when &c and saith that the declaration aforesaid and the matter in the Same Contained are altogether insufficient in Law ^to^ which he hath no need nor by the Law of the land in any sort is held to answer and this he is ready to verifie wherefore for want of a Sufficient declaration in this Case the Same John prays Judgm.t and that the aforesaid James from having and maintaining his action afd may be precluded &c And the aforesaid James saith that by any thing prealledged the declaration of him the Same James to be quashed Ought not because he Saith that the declaration aforesaid and the matter in the Same Contained are good and Sufficient in Law for the aforesaid James his action aforesaid against him the Said James is ready to verifie and prove as the Court &c and because the said John to the declaration aforesaid doth not answer nor the Same in any Sort doth Gainsay the Said James prays Judgm.t and his damages by Occasion of the premisses to him to be adjudged &c Whereupon all and Singular the premisses by the Court here being seen heard and fully understood and mature deliberation thereupon had it seemeth to the Court here that the declaration afd of ye same James and the matter in the Same Contained are good and Sufficient in Law for the Same James his action aforesaid against the afd John to have and maintaine &c Wherefore the Same James his damages against the aforesaid John by occasion of the premisses afd ought to recover but because it is unknown to his Lordships Justices here what damages the afd James has Sustained by Occasion of the premisses therefore Command is to the sher of Somerset County that by the Oath of Honest and Lawful men of his bailywick or County aforesaid he diligently Inquire what damages the afd James sustained as well by Occasion of the premisses as for his Costs and Charges by him about his Suit in that part apposed and the Inquisition which thereof he takes to the Justices of his Lordships County Court of Somerset to be held at dividing Creeks the third tuesday of August next under his Seal and the Seales of them by whose Oath he takes the Same he Send together with his Lordships writt thereof to him directed and the Same day is Given tot he afd James there also &c |
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Somerset County Judicial Records, 1730-1733
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