Volume 861, Page 141 View pdf image |
June Court
1741
141 third tuesday of November then next Following and he hath it and the same day is given to the af.d W.m here also &.a Att which day here Came againe as well the af.d William Scott as the af.d Joshua Sturgiss by their attorneys af.d And Whereupon the said Joshua prayeth further Leave thereof to Imparle here untill next Court to be held at dividing Creek in and for the County af.d the third tuesday of March then next Following and he hath it and the same day is given to the af.d William here also &.a Att which day here Came againe as well the af.d William Scott as the af.d Joshua Sturgiss by their attorneys af.d And Whereupon the said Joshua as before defends the force and Injury when &.a and says that he did not assume upon himself in manner and form as the af.d William Scott above against him hath Complained and of this he puts himself on the Country and the af.d William in Like manner Therefore it is Commanded the Sheriffe that Immediately he should Cause 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 being Called some of them to witt David Polk John Woolford Edward Rook Thomas Pollett George Tull Robert Mitchell William Gray John White Richard Wallis and Littleton Townsend Came and were Sworn upon that Jury and because the Residue of the Jurors of that Same Jury did not appear therefore others of those standing by hereunto Elected by the sheriffe of the County aforesaid and at the Request of the aforesaid William Scot and by the Command of the aforesaid Justices are newly put on whose names to the pannell within written are afiled according to the form of the Statute in such Case made and provided which said Jurors so newly put on to witt Peter Taylor and Archibald White being Called Likewise Came who to say the truth of the premisses aforesaid together with the other Jurors first Impannelled and sworn being elected tryed and Sworn upon their Oath say that the aforesaid Joshua Sturgis did assume upon himselfe in manner and form as the aforesaid William Scot above against him hath Complained and assessed the damages of the same William by Occasion of the non performance of the promise and assumption aforesaid beyond his Costs and Charges by him about his Suit in that part Expended to twenty one pounds Currt money of Maryland and for those Costs and Charges to One pound of tobacco And the aforesaid Joshua Sturgis Offered Exceptions in stay of Judgment in these words Following And the said Joshua says that noe Judgment Ought to be rendered on the said Verdict for his Reason that the first Court in the declaration mentioned is Insufficient and Entire damages are assess'd by the Jury And because the Court here of their Judgment of and upon the premisses aforesaid to render as yet will advise day therefore is given to the aforesaid William and Joshua before the Justices of his Lordships County Court of Somerset to be held at dividing Creek the third Tuesday of June then next Following of hearing thereof their Judgment for that the Court thereupon as yet &a Att which day here Came againe as well the aforesaid William Scot as the aforesaid Joshua Sturgis by their attorneys aforesaid And whereupon the premisses being seen and by the Court here fully understood It is Considered that the aforesaid William Scot Recover against the aforesaid Joshua Sturges his damages aforesaid by the Jurors aforesaid in form aform afd assessed as also 1375 pounds of tobacco for his Costs and Charges aforesaid to the same William by the Court |
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Volume 861, Page 141 View pdf image |
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