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Somerset County Judicial Records, 1733-1735
Volume 846, Page 264   View pdf image
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    March Court            1734                    264

in time p Joseph McClester sheriff      Whereupon the said Thomas Holbrook present here in
Court in his proper person at the prayer of the afd Joshua Caldwell by his attorney afd is adjudged
to give Speciall bail to the action afd  Thereupon a Certain Mathew Dorman and Henry Toadvine of
Somerset County planters both present here in Court in their proper persons undertook and each of
them undertook and assumed upon themselves for the said Thomas Holebrook (likewise the said Tho.s
Holebrook present here in Court as afd assumed upon himselfe) that in case the said Joshua Caldwell
shall recover Judgment in the plea aforesaid against the said Thomas Holebrook of that the said Thos
Holebrook ^should be therein Convict that then he the said Thos Holebrook^ shall pay the Condemnation of the Court thereupon or render his body for Execution of
Such Judgment to the Sheriff of Somerset County in satisfaction thereof or that they the Said Mathew
Dorman and Henry Toadvine or each of them will do the Same for him &a

       Whereupon the said Thomas Holebrook by William Goldsborough his attorney Cometh and defendeth
the force and Injury when &a and saith that he did not assume upon himselfe in such manner &
form as the afd Joshua above against him hath declared and of this he doth putt himselfe upon the Country
&a  and the plft in like manner               Whereupon the said Thomas by his attorney afd relinquisheth
his Verification afd by him about alledged and the Same attorney of the Same Thomas saith that
he is not Informed by the Same Thomas his Clyant of any answer for the Same Thomas to the afd
Joshua ^in the plea afd^ to be given and nothing Els thereof Saith by which the Same Joshua remaines against the said
Thomas thereof undefended &a      Wherefore the same Joshua his damages by occasion of
the premisses against the af.d Thomas Holbrook ought to recover and have &.a  Whereupon
at the prayer of the af.d Joshua and by Consent of the same Thomas the Justices here according
to act of assembly in such Case made and provided assessed the damages of the same
Joshua by Occasion of the Nonperformance of the promisse and assumption af.d beyond his
Costs and charges by him about his suit in that part apposed to Eight hundred and twenty
Eight pounds of tobacco                      Therefore it is Considered that the af.d Joshua
Caldwell recover against the af.d Thomas Holbrook his damages af.d to Eight hundred and
twenty Eight pounds of Tobacco by the Justices af.d in form af.d assessed as also Five
468    hundred and Twelve                    pounds of tobacco for his Costs and Charges to the
same Joshua by the Court here of his assent adjudged and the af.d defend.t in mercy &.a


GD  Stephen Odear
                      @
FA  John Odear
 Command was given to the Sheriff of Somerset County that he should
take John Odear late of Sommerset County planter if he should be
found in his bailywick and him should safe keep so that he might
have his body before the Justices of his Lordships County Court of Somerset
to be held at dividing Creek the third Tuesday of March then next to answer
    unto Stephen Odear of a plea of trespass upon the Case &a  and that thereof he should not
    fail &.a  And the af.d Stephen Odear by George Douglas his attorney Complains against the af.d
    John Odear in the plea af.d as Followeth Vizt
                                                                                                                                  (Sommerset ss



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Somerset County Judicial Records, 1733-1735
Volume 846, Page 264   View pdf image
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