Volume 851, Page 80 View pdf image |
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August Court
1735
80 about his defence (as well at Common Law as in equity) adjudged according Law in Such Case made and provided and that the said George Howard have thereof his Execution against the said John Hendry &a
Somerset to be held at dividing Creek the third tuesday of March then next to answer unto John Tunstall of a plea of trespass upon the &.c And that thereof he should not fail &.c Att which said third tuesday of March to witt the Eighteenth day of the same month Ann Dom one thousand seven hundred and thirty four being the day of the return of the said Writt cometh the said John Tunstall by Robert Jenckins Henry his Attorney and the Sheriff of Somerset County to whom the foregoing Writt was directed Likewise cometh and maketh return thereof to the Court here Endorsed in the words following Vizt Cepi Corpus p Jos: Macclester Sher And the aforesaid John Odear by George Douglas his attorney Cometh and defendeth the force and Injury when &.a and prayeth Leave thereof to Imparle here untill next Court and he hath it and the Same day is given to the aforesaid John Tunstall here also &a Att which said next Court to witt the seventeenth day of June anno Dom One thousand seven hundred and thirty five Came againe as well the aforesaid John Tunstall as the afd John Odear by their attorneys aforesaid and whereupon the Same John Odear prayed further Leave thereof to Imparle here untill next Court and he hath it and the same day is given to the aforesaid John Tunstall here also &a Att which said next Court to witt the Ninteenth day of August anno Dom One thousand seven hundred and thirty five Came againe the said John Odear by his attorney aforesaid and offers himselfe against the said John Tunstall in the plea afd but the said John Tunstall altho' Solemnly Called Came not nor is his writt aforesaid further prosecuted against the Said John Odear &a Thereof he and his pledges of prosecuting be in mercy and lett the plantiff name pledges &.a and that the aforesaid John Odear go thereof without day and also it is Considered that the aforesaid John Odear recover against the said John Tunstall his damages by Occasion of the premisses 169 to One hundred and Sixty Nine pounds of tobacco to the same John Odear 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 &a by the Court here adjudged &a |
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Volume 851, Page 80 View pdf image |
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