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March Court
1736
18 prayeth further Leave to Imparle here untill the next Court to be held at dividing Creek third Tuesday of June Anno Dom One thousand Seven hundred & thirty Six and he hath it and the Same day is given to the aforesaid Patrick here also &c Att which day here Came againe as well the afd Patrick Daley as the afd Edward Harper by their attorneys aforesaid And whereupon the Same Edward Harper prayeth further Leave thereof to Imparle here untill next Court to be held at dividing Creek the third Tuesday of August Anno Dom One thousand Seven hundred of and thirty Six and he hath it and the Same day is given to the afd Patrick here also &c Att which day here Came againe as well the afd Patrick Daley as the afd Edward Harper by their attorneys afd And whereupon the Same Edward Harper prayeth further Leave thereof to Imparle here untill next Court to be held at dividing Creek the third Tuesday of November Anno Dom One thousand Seven hundred & thirty Six and he hath it & the Same day is given to the afd Patrick here also &c Att which day here Came againe as well the afd Patrick Daley as the afd Edward Harper by their attorneys afd and the said Edward Harper makes answer to the Bill afd in these words following viz.t The answer of Edward Harper to the petition or bill of Complaint of Patrick Daley This def.t both now and at all times hereafter saving and reserving to himself all benefit and advantage of Exception to the manifold incertaintys and Insufficiencys of the Complainants bill of Complaint for and by way of answer thereto or so much thereof as this def.t is advised is matteriall for him this def.t to answer this def.dt answers and says that true it is that some time in the year of our Lord one thousand seven hundred and thirty two or there abouts the said Patrick Daley malitiously caused this def.t to be Indicted before his Lordships Justices of the peace for this County for an assault and battery Supposed to be Committed by the def.t against the said Daley that the said def.dt trave^r^sed the said Indictm.t and was thereof legally acquitted and this defend.t further says that he by means of the said Indictm.t was force to expend the quantity of nine hundred forty and one pounds of tobacco and confesses that in order to recover that quantity of tobacco he brought his action upon the Case against the said Patrick and thereon declared against him for the malitious prosecution af.d upon which action the said def.dt had a verdict and nine hundred and forty one pounds of tobacco damages and Judgment thereupon which said damages were no more than the bare Costs this def.t was put to in traversing the said Indictm.t which cannot be presumed to be excessive and this defend.t is advised that as the Jurors who tryed the Issue in the said Action upon the Case between this def.dt and the said Daly have found that the said Daly did malitiously cause the said def.t to be Indicted for the assault and Battery af.d without which they never could have brought a verdict for this def.t and as no fraud is charged against this defd.t in |
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Somerset County Judicial Records, 1737-1738
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