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Somerset County Judicial Records, 1733-1735
Volume 846, Page 240b   View pdf image
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November Court          1734                (240)

the force and Injury when &.a  and prays leave thereof to Imparle hereuntill next
Court and he hath it and the same day is given to the af.d Thomas Gardner herealso
&a               Att which said next Court to witt the Eighteenth day of June Ann
Dom one thousand seven hundred and thirty four Came again as well the
af.d Thomas Gardner as the af.d Henry Tomlinson by their attorneys af.d and
whereupon the same Henry Tomlinson prays further Leave thereof to Imparle
hereuntill next Court and he hath it and the same day is given to the
aforesaid Thomas Gardner herealso &.a

    Att which said next Court to witt the twentieth day of August Ann Dom One
thousand seven hundred and thirty four Came again as well the af.d Thomas
Gardner as the af.d Henry Tomlinson by their attorneys af.d and whereupon
the same Henry Tomlinson prays further leave thereof to Imparle hereuntill
next Court and he hath it and the same day is given to the af.d Thomas
Gardner herealso &a                     Att which said next Court to witt the
Ninteenth day of November Ann Dom one thousand seven hundred and thirty
four Came againe the said Henry Tomlinson by his attorney afd and offers himself against the said Thomas
Gardner in the plea afd but the said Thomas Gardner altho' Solemnly Called Cometh not nor is his writt further
prosecuted &a

                                        Therefore it is Considered by the Court here that the aforesaid Thomas Gardner take
nothing by his writt and declaration afd but that he and his pledges of prosecuting to witt John Doe and
Richard Roe be in mercy  And that the afd Henry goe thereof without day &a  also it is Considered that
the afd Henry Tomlinson Recover against the afd Thomas Gardner his damages by occasion of the premisses
283   to Two hundred & Eighty three                           pounds of tobacco to the same Henry by discretion of
the Justices here at his request for his Costs and Charges in that part sustained according to the form of the
statute thereof made and provided by the Court here adjudged &a


WB  James Lindow
               @
FA  GD  Patrick Burke
 To the Worshipfull Justices of Somerset County the Petition of James
Lindow of Somerset County
Humbly Sheweth That your Petioner lately Commenced an Action
in this Court as a Court of Law against Patrick Burke for four
pounds seventeen Shillings and two pence half penny being the Ballance of an Account
due to your petitioner for Sundry Goods sold & other articles lying in an Account in
which it ^was^ so far proceeded that your Petitioner recovered a Judgment by default and
prosecuted a writt of Inquiry damages at the speeding whereof the said Burke Insisted
that he was not Indebted to your Petitioner any such sum or any sum whatever
sometimes pretending he had paid it at other times that the account of your Petito.r
was not proved according to Law by which allegations the Jurors were prevailed on
to determine against your Petitioner Contrary to Law Equity and good Conscience
                                                                                                                            wherefore


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Somerset County Judicial Records, 1733-1735
Volume 846, Page 240b   View pdf image
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