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Somerset County Judicial Records, 1735-1737
Volume 851, Page 8b   View pdf image
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    March Court          1734               8

Endorsed in these words following Vizt Cepi Corpus so answers      Jos: McClester Sher

          And the said John Collins by Francis Allen his attorney Cometh and defendeth the force and Injury when
&c and prayeth Leave thereof to Imparle here untill next Court and he hath it and the Same day is given to the
aforesaid Aaron here also &a

                     Att which said next Court to witt the eighteenth day March anno Dom One thousand seven hundred
and thirty four Came againe as well the afd Aaron as the afd John by their attorneys afd but the same Aaron did
not prosecute his writt afd against the afd John with Effect &c

             Therefore he and his pledges of prosecuting be in mercy and Lett the plantiff name pledges &.a And that the
aforesaid John Collins goe thereof without day  Also it is Considered that the afd John Collins recover against the
164    afd Aaron Lynn his damages by Occasion of the premisses afd to One hundred and Sixty Four
pounds of tobacco to the same John by discresion of the Justices here at his request for his Costs and Charges in that part
sustained according to the form of the Statute by the Court here adjudged &a


GD  Joshua Caldwell
WB:GD          @
WG      Thomas Fletcher
 Somerset County ss    Thomas Fletcher late of Somerset County Clark al.s dict
Reverent Thomas Fletcher of the said County was Sumon'd to answer unto
Joshua Caldwell Sher of a plea that he render unto him Eight thousand
pounds of good Sound Merchantable leaf tobacco in Cask which to him he owes and unjustly detains &c
And Whereupon the s.d Joshua by Geo: Douglas his attorney saith that whereas the s.d Thomas
the Eighteenth day of december Seventeen hundred and thirty three by his Certain writing
obligatory which the said Joshua with the Seal of the said Thomas Signed hereinto Court
brings the date whereof is the same day and year did acknowledge himself to be bound unto
the af.d Joshua in the afs.d Eight thousand pounds of Good Sound merchantable leaf tob.o
in Cask to be paid to be paid to the said Joshua when he should be thereunto required yett
the said Thomas tho often required the said Eight thousand pounds of good Sound Merchantable
leaf tob.o in Cask to the said Joshua hath not rendered but the Same to him hitherto to
render hath denyed and Still doth deny and unjustly detain to the damage of the said Joshua
of five thousand pounds of Tob.o and thereupon he brings Suit &a      pledges & Jn.o Doe & R Roe

    And the aforesaid Thomas Fletcher by William Beckingham his attorney cometh & defendeth
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 aforesaid Joshua herealso &.a

          Att which said next Court to witt the Eighteenth day of March anno Dom One thousand seven hundred and
thirty four Came againe the afd Joshua Caldwell by his attorney afd and prays that the afd Thomas Fletcher to his
declaration afd may answer but the said Thomas Fletcher at the Same day altho' Solemnly Called Cometh not nor
saith nothing in Barr or preclusion of the action afd of the afd Joshua by which the Same Joshua remaineth
against the afd Thomas thereof undefended &a

                   Therefore it is Considered by the Court here that the afd Joshua Caldwell recover against
                                                                                                                                                    the


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Somerset County Judicial Records, 1735-1737
Volume 851, Page 8b   View pdf image
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