Volume 859, Page 236b View pdf image |
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March Court
1737
236 Att which day her Came againe as well the af.d the af.d John Lay as the af.d Thomas Collins and Nehemiah Holland by their attorneys af.d and whereupon the said Thomas Collins and Nehemiah Holland prays further Leave thereof to Imparle here untill the next Court to be held at deviding Creek in and for the County af.d the third tuesday of March then next following and they have it and the same day is given to the af.d John here also &.a Att which day here Came againe as well the afd John Lay as the afd Thomas Collins and Nehemiah Holland by their attorneys afd and whereupon the same Thomas and Nehemiah as before defend the force and Injury when &a and say that they or Either of them did not assume upon themselves in manner and form as the said John above against them have Complained and of this they put themselves upon the Country and the plft in like manner thereupon it is Commanded the Sheriffe of Somerset County that Immediately he Cause to Come here before his Lordships Justices twelve &.a by whom &a and who neither &a to recognize &a because as well &a and the Jurors of that Jury by the af.d Sheriffe to witt John Henry Gent to this Impannelled being Called Came to witt Edmond Hugh Thomas Dixon Robert Mitchell John Roach Solomon Long Joshua Caldwell John Dennis Jun Joseph Dashiell Alexander Lackie John Atkinson Edw.d Rook & John Dennis Sen.r who to say the truth of the premisses afd being Elected tryed and Sworn upon their Oath say that the afd Thomas Collins and Nehemiah Holland and Each of them did assume upon themselves in manner and form as the afd John Lay above against them have Complained and assessed the damages of the same John lay by occasion of the non performance of the promise and assumption aforesaid be his Costs and Charges by him about his Suit in that part apposed to Nine pounds three shill.s Curr.t money of Maryland & for those Costs and Charges to one pound of tobacco Whereupon the afd Thomas Collins and Nehemiah Holland by their attorney afd pray that Judgment on the verd.t afd so as afd rendered against them may not be given on behalfe of the afd John Lay for the reasons following Judgment ought not to be rendered on the verdict af.d for that it appears by the pltiffs shewing in his declaration that the accons of assault and battery in the same declaration mentioned were brought by the pltiff against the def.t Collins only and that the def.t Holland together with the deft Collins engaged to pay the Costs and Charges of the said Accons of assault and battery in the declaration mentioned and that on the tryall it did not appear that the same promise of |
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Volume 859, Page 236b View pdf image |
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