Volume 861, Page 249 View pdf image |
March Court
1741
249 A Copy of the foregoing declaration was made and sent to be served on the defendant in order for a speedy tryall Att which day here Came the af.d Robert Geddes by his Attorney af.d and the sheriffe to witt John Handy Gent now here returned that he had taken the af.d Solomon Riggen whose body here at this day he had ready to answer the af.d Robert Geddes of the af.d plea as to him it was Commanded and further the said sheriffe returned that he had served the af.d Solomon Riggen with a Copy of the foregoing declaration According to Act of Assembly in such Case made and provided &c And the af.d Solomon Riggen at the prayer of the af.d Robert Geddes is adjudged to give speciall bail to the action af.d Thereupon a Certain Daniel Donoho of Somerset County planter present herein Court in his proper person undertook for the said Solomon Riggen (Likewise the said Solomon Riggen present herein Court in his proper person assumed upon himself) that if it should happen that Judgment in the plea af.d should be rendered for the same Robert Geddes against the same Solomon Riggen or that he the same Solomon Riggen should be therein Convict that then he the said Solomon Riggen should pay and satisfie unto the said Robert Geddes the Judgment of the Court thereupon or render his body in execution of such Judgment to the prison of the sheriffe of the County af.d in satisfaction thereof or that he the same Daniel Donoho will do the same for him &c And the aforesaid Solomon Riggin by George Douglas his attorney Comes and defends the force and Injury when &.a And the aforesaid Robert Geddess prays that the afd Solomon Riggin to his declaration aforesaid may answer Whereupon the aforesaid Solomon hath untill fryday the fourth day of this term unto him by the Court given to answer &a And the same Solomon at the Same day Solemnly Called Came not nor the Same Attorney of the Same Solomon and for the Same Solomon saith nothing thereof in barr or preclusion of the action afd of the aforesaid Robert by which the Same Robert remaineth against the Same Solomon thereof undefended &c Wherefore the Same Robert his damages by Occasion of the non performance of the promise and assumption aforesaid against the aforesaid Solomon Ought to Recover and because it is not Known to his Lordships Justices here what damages the aforesaid Robert hath Sustained by Occasion of the non performance of the promise and assumption aforesaid Whereupon at the prayer of the Same Robert and by the Consent of the Same Solomon the Justices here according to act of assembly in Such Case provided assessed the damages of the Same Robert beyond his Costs and Charges by him about his Suit in this part apposed to four pounds ten Shillings Currant money of Maryland &c Therefore it is Considered that the afd Robert Geddess Recover against the aforesaid Solomon Riggin his damages afd to the afd four pounds ten Shillings Currant money of maryland by the Justices afd in form aforesaid assessed as also 382 pounds of tobacco for his Costs and Charges to the same Robert by the Court here of his assent adjudged and the afd Solomon in Mercy &c |
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Volume 861, Page 249 View pdf image |
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