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November Court
1736 Huett Nutter William Gray [illegible] say the truth of the premisses afd being duely elected tryed and sworn upon their Oath said that the afd Charles Ramsey did assume upon himselfe in manner and form as the afd Robert Mcfarling above against him hath Complained and assessed the damages of the same Robert by Occasion of the non performance of the promise and assumption afd beyond his Costs and Charges by him about his suit in that part apposed to Two shillings and six pence Curr.t money of maryland Whereupon the said Robert Mackfarling by his attorney afd prays that no Judgm.t may be given on the verdict afd so as afd rendered but that a venire facias may Issue to the Sheriffe of the County afd thereby directing him to return a sufficient Jury of good and Lawfull men of his Bailywick Immediately to try the afd Issue between them Joyn'd as above ^was [illegible]^ for the reasons following 1.st that notwithstanding the Jury had found on behalfe of the said Mcfarling against Charles Ramsey for two shillings and Sixpence Curr.t money Yett it seems the true Intent and design of the Same Jurors that the said Mcfarling should recover the full Value of the Shingles Sued for as may appear by the acknowledgement of the same Jurors all then present in Court Immediately after the same verdict was recorded before they went from the barr 2dly For that the verdict is Insufficient in the Jurors assessing the damages in the said Cause according to the nature of the action and therein Intent Expressed by them before they went from the barr 3dly For that the Jury did not render the verdict in the said Cause in pursuance to the Evidence to them given Whereupon all and Singular the premisses by the Court here being seen and fully understood and mature deliberation thereupon had it seems to the Court here that upon the said Robt Mccfarlings paying or giving Caution for the Costs of the Tryall afd that a new Tryall be granted him as afd is praid &c Thereupon Command is againe given to the afd Sheriffe of the County afd that Immediately he Cause to Come here before the Justices of his Lordships County Court afd now sitting at dividing Creek in the Same County Twelve honest and Lawfull men of his Bailywick to make up a Jury to try the Issue afd between the parties afd by whom the truth of the premisses afd may be ^the^ better [illegible] and who neither [illegible] Plft or deft such by their additions of Kindred by affinity or Consequence whatsoever [illegible] the same plft as the afd deft have putt themselves up that Jury [illegible] afterwards Immediately Came thereof the Jury &c and the Jurors of that Same Jury by [illegible] witt Joseph MccClester Gent to this Impannelled being Called Came to witt Samuel [illegible] Sturges George Tull Thomas Browne Thomas Wise Robert Mitchell Day Scott Wm Turpin son of W.m John Shockley David Johnson Walter Darby and Bruffe Broughton who to [illegible] the Truth of the premisses afd being duely Elected tryed and Sworn upon their oath said that the afd Charles Ramsey did assume upon himselfe in manner and form as the afd Robert Mccfarling above against him hath Complained and assessed the damages of the Same Robert by Occasion of the non performance of the promise and assumption afd beyond his |
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Somerset County Judicial Records, 1735-1737
| Volume 851, Page 278b View pdf image |
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