| Volume 846, Page 36 View pdf image |
 |
|
|
 |
|
|
June Court 1733
(36) seven hundred and thirty two Came again as well the aforesd William Gray as the aforesd James Polk by their Attorneys afsd and thereupon the said James as before defends the force and Injury when &c.a And as to the Coming with force and Arms And whatsoever is against the peace of the Right Honourable the Lord prop.ry he saith that he is in no Sort thereof Guilty and of this he putts himself upon the Country and the aforesd William in Like Manner And as to the Residue of the Trespass aforesd above Supposed to be Done the said James saith that the aforesaid William his Accon aforesaid thereupon against him the said James to have ought not because he saith that the dog aforesaid in the plfts declaration Mentioned was a Dog used to worry Horses in the woods and bite mens horses riding on the Highway of which the said William by the said James had notice and that he the said James the day in which the Killing of the Dog aforesaid is supposed to be done did for the said Dogg worrying and biteing in the Pasture of him the Said James ^the horses of him the said James^ and that he the Same James for the Preservation of his said Horses from being Killed and Destroyed and Worried by the said Dog the Dogg aforesd did shoot wound and Kill as it was Lawfull for him to Do and this he is Ready to Verifye Wherefore he prays Judgm.t if the aforesaid William his Accon afsd thereupon ag.t him the Said James to have and Maintain ought &c And the afsd William saith that by anything prealledged from having and Maintaining his Accon aforesd to be precluded he ought not because he saith that the aforesaid James of his own proper wrong and without any such Case as he the afsd James by pleading hath Alledged the Dog afsd did Shoot wound and kill as it was not Lawfull for him to do and this he prays may be enquired of by the Countrey and the Deft in Like Manner Thereupon as to the Trying of the Issue last Joyned between the Parties afsd it is Commanded the sher of Somerset County that he should Cause to Come here Immediately before the Justices of his Lordships County Court of Somerset now in Court Judicially SItting at Dividing Creek Twelve &c.a by whom &ca and who neither &c.a to Recognize &c.a because as well &c.a and afterwards Imediately Came thereof the Jurrors &c.a and the Jurrors of that same Jurry by Joshua Caldwell Gent Sher of the County afsd to this Impannelled being Called Came (to Witt) W.m Jones, Charles Ratcliffe, Moses Durskey, John Tull sen.r Tho.s Hearn, Isaac Marshall, Joseph Wayat, John Outten, Benja Tull, Robt Mitchell, George Maglamery and Richd Holland who to say the truth of and upon the premisses afd being Elected tryed and Sworn upon their Oath did say that the afd James did not of his own proper wrong shoot wound ^and^ kill the dogg afd of the Same William of and upon the premisses afd to Render as yett will advise day thereof is given to the afd parties untill the next Court to be held at dividing Creek the third tuesday of November next of hearing thereof their Judgm.t for that the Court thereof as yett &c (Att |
| |||
|
| ||||
|
| ||||
Please view image to verify text. To report an error, please contact us.
Somerset County Judicial Records, 1733-1735
| Volume 846, Page 36 View pdf image |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.
Maryland State Archives