Volume 859, Page 286b View pdf image |
June Court
1738
286 necessary dyet and apparel was used and accustomed and for the moneys in the declaration by the said John to the said William mentioned to be promised to be used and applyd for the purpose afd purchaseing for him the said William necessary Cloathing and apparell he the said William did promise and assume to the said John in Such manner and form as the said John above in declaring against him hath Complained and this he is ready to verifie whereupon he prays Judgment if ^he^ the said John from having and Maintaining his action afd against him the said William shall be precluded &a And the afd William Saith that the plea afd of the afd John by replication afd pleaded and the matter therein Contained are altogether Insufficient in Law for the Same William his action afd against him to have and Maintain and that he to that plea in manner and form afd by replying pleaded he hath noe need nor by the Law of the Land is in any Sort held to answer and this he is ready to verifie whereupon he prays Judgm.t if the said John his action afd thereof against him ought to have &a And the afd John for that he Sufficient Matter in law in his replication afd his action afd against the afd William Melvin to have and maintain above hath alledged which he is ready to Verifie which matter the said William doth not deny or the same in any sort answered but that averment to admitt altho alto^ge^ther refused the said John as before prays Judgment and his damages by Occasion of the premisses to him to be adjudged Whereupon all and SIngular the premisses being seen and by the Court here fully understood & and mature deliberation thereupon had for that it seemeth to the Court ^now^ here that the replication afd by the Same John in manner and form afd above by replying pleaded and the matter in the Same Contained are not good nor Sufficient ^in^ law to the afd John of his action afd against the same William to have & Maintain Therefore it is Considered that the afd John Dennis Junr take nothing by his writt and declaration afd but be ^thereof^ in mercy for his false Clamour and that the afd William goe thereof without day &a and further it is Considered that the afd William recover against the afd John Dennis Jun.r three hundred 369 & Sixty Nine pounds of tobacco for his Costs and Charges by him about his defence in that part Sustained to the Same William by the Court now here of his assent according to the form of the Statute in such Case Lately made and provided adjudged and that the afd William have thereof Execution &a
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Volume 859, Page 286b View pdf image |
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