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June Court
1741
124 McNeal the Judgment of the Court thereupon or Render his body in Execution of such Judgment to the prison of the County aforesaid in satisfaction thereof or that he the said Robert Givan will doe the same for him And the aforesaid John Wildman by William Arbuckle his attorney Cometh and defendeth the force and Injury when &.c and prayeth Leave thereof to Imparle hereuntill next Court to be held at dividing Creek the third Tuesday of March then next following and he hath it and the same day is given to the afd Archibald here also &c Att which day here Came again as well the af.d Archibald McNeal as the af.d John Wildman by their Attorneys af.d And Whereupon the said John Wildman as before defends the force and Injury when &c And says he did not assume in manner and form as the plantiffe above against him hath Complained ^and^ of this he puts himself upon the Country And the said Archibald in like manner Therefore it is Commanded the sheriff that he should Cause to come here before the Justices at the next Court to be held the third Tuesday of June ^then^ Next Following Twelve &.c by whom &.c and who neither &.c to recognize &.c because as well &.c and the same day is given to the af.d parties here &.c Att which day before his Lordships Justices at a Court then held at dividing Creek in and for the County af.d Came as well the af.d Archibald McNeal as the aforesaid John Wildman by their attorneys aforesaid and the Jurors of that Jury being Called some of them to witt Edmond Hough Joshua Caldwell John Dennis J.r Joseph Miller Mitchell Jones John Evans John Shiles Solomon Long Robert Mitchell Daniel Jones and William Brown Came and were sworn upon that Jury and because One of the Jurors of that same Jury did not appear therefore an other of the standers by hereunto Elected by the Sheriffe of the County aforesaid and at the Request of the aforesaid Archibald McNeal and by the Command of the aforesaid Justices is newly put on whose name to the pannell within written is affiled according to the form of the Statute in such Case made and provided which said Juror so newly put on to witt Cornelius Beavins being Called Likewise Came who to say the truth of the premisses af.d together with the ^other^ Jurors af.d first Impannelled and sworn being Elected tryed and sworn upon their Oath say that the af.d John Wildman did assume upon himself in manner and form as the af.d Archibald McNeal above against him hath Complained and assessed the damages of the same Archibald by Occasion of the non performance of the promise and assumption af.d beyond his Costs and Charges by him about his Suit in that part apposed to four pounds eighteen shillings and one penny Curr.t money and for those Costs and Charges to one pound of tobacco Therefore it is Considered that the af.d Archibald McNeal recover against the af.d John Wildman his damages 746 af.d by the Jurors af.d in form af.d assessed as also pounds of tobacco for his Costs and Charges af.d to the same Archibald by the Court now here of his Assent of Increas adjudged which Certain damages 747 in the whole amounts to four pounds eighteen shillings and one penny Cur.t money and pounds of tobacco and the af.d John in mercy &c |
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Somerset County Judicial Records, 1740-1742
| Volume 861, Page 124c View pdf image |
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