Volume 842, Page 210 View pdf image |
June Court
1732
210 Horsey by their Attorneys afd and Whereupon the Same Nath.l Prays further Leave thereof to Imparle here untill the Next Court and he hath it and the Same day is given to the afd John here also &c Att which Said Next Court to witt the twentieth day of June anno Dom One thousand Seven hundred and thirty two Came againe as well the aforesaid John Owterbridge by his attorney aforesaid as the Said Nathaniel Horsey by his attorney aforesaid and the said Nathaniel Horsey 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 ^Jno^ above against him hath Complained and of this he puts himselfe upon the Country &c and the aforesaid John Outerbridge in Like manner Thereupon Command is Given to the sher of Somerset County that Immediately he Cause to Come here twelve &c by whom &c who neither &c to recognize &c because as well &c afterwards in the Same Court Came the Said sher to witt Joshua Caldwell Gent and made Return that he had here ready twelve &c as by the Said preceipt he was Comman^d^ed and afterwards ye Same day and Year Last mentioned Came as well the aforesaid John as the aforesaid Nathaniel by their attorneys aforesaid and the Jurors of that Same Jury Impannelled being Called Came to witt Edward rownd James MccMorie, John Donelson, Cannon Winwright Robert Mitchell, Thomas Pointer Samuel Hopkins John Webb Richard Knight Thomas Collins Joseph Miller and William Fasit Jun.r who to Say the truth in the premisses being Elected tryed and Sworn whereupon at the prayer of the afd John and by the Consent of the same Nathaniel by their attorneys aforesaid Edward Rownd the first person Sworn on ye Jury aforesaid is withdrawn and all the rest of the Jurors aforesaid are discharged &c whereupon the dispute in the action aforesaid is at the prayer of the afd Plft and defend.t referred to Edward Rownd, John Donelson and Samuel Hopkins Jun.r Gent or any two of them according to the Statute in Such Case provided and then award in the premisses by them or any two of them to be made and returned Immediately to this Court and Judgmt to be Given thereon &c and afterwards in ye Same Court Came the aforesaid Edward Rownd, John Donelson and Samuel Hopkins Jun.r the arbitrators mentioned in the afd rule of referrence and made return to the Court here that they find the Ballance due to the aforesaid John Outerbridge Nine pounds twelve shillings and Seven pence Curr.t money from the aforesaid Nathaniell Horsey &c Whereupon the aforesaid Nathaniel Horsey by his attorney aforesaid says that he Cannot Gainsay the action aforesaid of the aforesaid John Outerbridge nor Can he Say but that the Same Nathaniel did assume upon himselfe in manner and form as the aforesaid John above against him Complained and as to the damage of the Same John by him by Occasion of the premisses in that part Sustained the Same Nathaniel Says and Confesseth that the aforesaid John has sustained damages by Occasion of the premisses in that part apposed to the aforesaid Nine pounds twelve shillings and Seven pence Currant Money and not more and becaus the aforesaid John denys not this but the Same allegation Confesseth to be true prays Judgmt and those damages above Confessed together with his Costs and Charges aforesaid to him adjudged &c therefore by Consent of the parties |
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Volume 842, Page 210 View pdf image |
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