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March Court
1736 20 at Somerset County af.d by his certain writing obligatory had granted himself to be bound unto the af.d Daniel in the af.d sums of forty two pounds Curr.t money of Maryland to be paid unto the same Daniel when thereunto afterwards he should be required Nevertheless the af.d William Lewis altho often required the af.d forty two pounds Curr.t money of Maryland unto the af.d Daniel hath not paid but that unto him hitherto pay altogether hath refused and still doth refuse to the damage of the same Daniel fifty pounds like ^Currt^ money and thereof he bringeth suit &c and doth bring hereinto Court the writing obligatory af.d which the debt af.d in form af.d testifies the date whereof is the same day and year af.d Pledges &a John Doe & R Roe A Copy of the foregoing declaration was made and Sent to be Served on the afd William Lewis in Custody of the Sher afd Eight days before the third Tuesday of March then Next following and the same day is given to the parties afd &c Att which day before the Justices of his Lordships County Court of Somerset at dividing Creek Came here againe as well the afd Daniel Carroll by his attorney afd as the said William Lewis in Custody of the Sheriffe afd in his proper person and the Same sheriffe returned here that he had Served the Said William Lewis in his Custody as afd with a Copy of the afd Declaration Eight days before this this Instant third Tuesday of March as afd he was required &c Whereupon the same Daniel Carroll prayeth that the afd William to his declaration afd may answer upon which the same William hath day untill saturday the Last day of this term to him ^given^ by the Justices of his Lordships County court of Somerset here to answer unto the declaration afd of the afd Daniell and it is said by the Court here that the said Will.m have notice of the same rule and afterwards in the same Court Came the said Sheriffe to witt Joseph MccClester Gent and said that he had Given the Said William Lewis for his Custody afd notice of the afd rule and ^the^ same William so having notice of the rule afd so as afd made herein Court the same William nor any one for him at or before ^the said^ Saturday the Last day of this term so as before given to the said William and the same day the same William being solemnly Called to answer Cometh not nor saith nothing in Barr or preclusion of the action afd of the afd Daniell by which the Same Daniel remaineth against the afd William thereof undefended &c Therefore it is Considered that the afd Daniel Carroll recover against the said W.m Lewis in Custody as afd his debt afd and his damages afd and such damages by occasion of the detaining of the Same debt pounds of 456 to the same Daniel of his assent by the Court here adjudged & the afd William in Mercy &c |
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Somerset County Judicial Records, 1737-1738
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