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November Court 1730
38 The Jurors of that Jury therein Impannelled being Called Likewise Came to witt William Lane James Rownd John Magraugh, Bruff Broughton, WIlliam Handy, John Huett Nutter, Christopher Nutter, John Purnall Junr Christopher Piper, John Townsend, John Dennis, John Webb who being duly Elected tryed & Sworn to Say the truth in the premisses upon their Oath do Say that the Said Mathew Dogan did assume upon himselfe in manner & form as the aforesaid John Stewart above against him hath Complained and do assess the damage of the Said John Stewart by Occasion of the non performance of the promise and assumption aforesaid beyond his Costs and Charges by him about his Suit in that part apposed to sixteen pounds seventeen Shillings and ten pence Currant mony and for thos Costs and Charges to one pound of tobacco Whereupon the said Mathew by his attorney aforesaid prays the Court here that for as much as the Jurors aforesaid had Given a verdict against the Said Mathew in the action aforesaid Contrary to evidence &c (that upon giveing Security to pay the aforesaid John all his Costs and Charges allready Accrewed upon the action aforesaid) Comes and may be given to the Sher of Somerset County that he Cause to come before the Justices of his Lordships County Court of Somerset to be held at dividing Creek the third tuesday of August twelve honest and lawfull men of his bailywick or County to try the Issue aforesaid between ye parties afd knew &.c which is granted &.c Thereupon a Certain William Marchment of Somerset County planter present herein Court in his proper person undertakes for the afd Mathew that if in Case the Said Mathew doth not pay unto the afd John all the Costs and Charges already Expended by the Said John in prosecuting of the afd action against ye Said Mathew that then he the Said William Marchment will do the same for him &c Likewise a Certain Levin Gale and James Shirley of Somerset County Gent present herein Court in their proper person undertakes for the Said Mathew that [illegible] shall recover Judgmt in the plea aforesaid [illegible] Shall be therein Convict that then he the Said Marchment pay the Condemnation of the Court thereupon or render his body to the Custody of the Sher of Somerset County in Satisfaction thereof that they the said Levin Gale and James Shirly will do it for him &c therefore as to the trying the Issue afd between the parties aforesaid of now Command is Given to the Sher of Somerset County that he Cause to Come before the Justices of his Lordships County Court of Somerset to be held at dividing Creek the third tuesday of August next twelve &c by whom &.c who neither &.c to recognize &.c because as well &.c and the Same day is given the parties ^afd^ there &.c Att which said next Court to witt the Eighteenth day of August Anno Dom One thousand Seven hundred & thirty Came againe as well the afd John as the afd Mathew by their attorneys aforesaid and the Sher of Somerset of Somerset County Likewise comes and makes Return that he hath here ready twelve &.c as by his preceipt he was Commanded and thereupon the proceedings is Continued between the parties aforesaid of the plea afd to the Jurors putt thereof ^between them^ in respect untill the next Court and the Same day is Given the parties afd then also Att which Said next Court Came to witt the Seventeenth day of November anno Dom One thousand Seven hundred & thirty Came againe as well the aforesaid John as the afd Mathew by their attorneys afd and the Jurors returned by the Sher afd to try the Issue afd between the parties afd of now being Called Likewise Came to witt Francis Porter Richard Rider Thomas Selby Isaac piper John Webb John Hufington Solomon Coulburn John Shockley Peter Claywell Isaiah Bredell Hugh Nelson Lazarus Madox who being duely elected tryed and Sworn to Say the truth in the premises upon their Oath do Say that the Said Mathew Dogan did assume upon himselfe in manner and form as the afd John Stewart above against him hath |
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Somerset County Judicial Records, 1730-1733
| Volume 842, Page 38 View pdf image |
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