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November Court 1733
106 one of the Attorneys of the high Court of Chancery and of the Provincial Court within this province for the sum of twelve hundred pounds of Tobacco of Tobacco and that the writing obligatory afd dureing the Confinement of the sd John Videll for that Cause was entred into at the County afd for the Ease and Favour of the said John Videl without that that the writing Obligatory afd was passed made entered into or accepted by the said Hugh Porter to indemnifie and Secure the said John Purnell or the said Hugh Porter from any Damages which they or either of them Might Sustain by means of the process Issued out of the Hugh Court of Chancery as afd and this he is ready to Verifie where fore he prays Judgment if the afd John Tunstall assignee of the said Hugh Porter his Action afd against him to have or maintain ought &a And the afd Thomas as to the second matter above by him in pleading alledged for that he hath therein alledged Sufficient Matter in Law to preclude the said John Tunstall assignee as afd from haveing and maintaining his Action afd against him which he is ready to verifie and which same Matter the same John Tunstall assignee as afd hath not gainsayed or to the same in any sort hath answered but that averment to admit altogether hath refused as before prays Judgment and that the afd John Tunstall Assignee as afd from haveing and maintaining his Action afd against him may be precluded &a and the aforesaid John Tunstall assignee of Hugh Porter protesting that the rejoynder afd of the said Thomas and the matter therein Contained are altogether Insufficient in Law and that he thereto hath no need nor by the Law of the Land is in any sort held to answer for and by way of surrejoynder Nevertheless to the rejoynder of the said Thomas to the replication of the said John assignee as afd as to the first matter by the said Thomas above in barr pleaded the Same John Tunstall assignee as afd saith that he by anything ^by^ the said Thomas above in pleading alledged from haveing and Maintaining his accon afd against him the said Thomas ought not to be precluded because he says that the Writing Obligatory afd was pass'd made Entred into and accepted by the said Hugh Porter to I^n^demnify and Secure the said John Purnall and the said Hugh Porter from any Damage which they or Either of them might Sustain by means of the process afd Issued Out of the high Court of Chancery as afd as the same John assignee of the said Hugh above in his Replication afd hath set forth and this he prays may be Enquired by the Country and the Defd.t in Like manner Thereupon it is Commanded the sheriff of Somerset County that Immediately he should Cause to Come before the Justices of his Lordships County Court of Somerset now Sitting at dividing Creek in the County afd twelve &a by whom &a and who neither &a to Recognize &a because as well &a and afterwards Immediately Came thereof the Jury &a and the Jurors of that Same Jury by Joshua Caldwell Gent sheriff of the County afd to this Impannelled being Called Came to witt Peter Claywell Philip Quinton Joshua |
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Somerset County Judicial Records, 1733-1735
| Volume 846, Page 106b View pdf image |
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