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March Court
1740
85 And whereupon the said Joshua Caldwell by his attorney aforesaid Came and defends the force and Injury when &.a and prays Leave ^thereof^ to Imparle here untill next Court to be held at dividing Creek in and for the County aforesaid the third Tuesday of August then next Following and he hath it and the same day is given to the aforesaid James here also Att which day here Came againe as well the aforesaid James Martin as the aforesaid Joshua Caldwell by their attorneys aforesaid And whereupon the said Joshua prays further Leave thereof to Imparle here untill next Court to be held at dividing Creek in and for the County aforesaid the third Tuesday of November then next following and he hath it and the Same day is given to the aforesaid James here alsoe Att which day here Came again as well the af.d James Martin as the af.d Joshua Caldwell by their attorneys af.d and whereupon the said Joshua prays 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 James here also Att which day here Came again as well the af.d James Martin as the af.d Joshua Caldwell by their Attorneys af.d And whereupon the said Joshua Caldwell as before defends the force and Injury when &c and says he did not assume upon himself in manner and form as he the said James above against him hath Complained and of this he puts himself on the Country And the af.d James in Like manner Therefore Command is to the sheriffe that Immediately he should 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 same Jury by the sheriffe of the County aforesaid to this Impannelled being Called Came And whereupon the same Joshua relinquisheth his verification aforesaid by him above alledged and saith that he Cannot deny the action aforesaid of the aforesaid James Martin nor but that he did assume upon himselfe in manner and form as the afd James Martin above against him hath Complained and as to the damage of the same James by him by Occation of the premisses in that part sustained the same Joshua saith and acknowledgeth that the aforesaid James hath sustained damages by Occasion of the premisses beyond his Costs and Charges by him about his suit in that part apposed to Twenty four pounds and five Shillings Curr.t money of Maryland and One hundred and Twenty pounds of tobacco and not more and because the aforesaid James denys not this but the same allegation grants to be true prays Judgment for those damages above acknowledged together with his Costs and Charges afd to him to be adjudged &c Therefore by Consent of the parties aforesaid It is Considered that the aforesaid James Martin Recover against the aforesaid Joshua Caldwell his damages aforesaid to the aforesaid Twenty four pounds and five shillings Currant money of Maryland and One hundred and Twenty pounds of tobacco by the same Joshua in form afd 406 acknowledged as also pounds of tobacco for his Costs and Charges aforesaid to the said James at his request by the Court now here of the assent of the parties afd adjudged and the aforesaid Joshua in Mercy Memorand.m the plantiffe Releaseth out of the above damages Nineteen pounds ^five shillings^ Currt money of Maryland &c Therefore the said Joshua of the afd nineteen pounds and five shillings be quiet &a |
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Somerset County Judicial Records, 1740-1742
| Volume 861, Page 85 View pdf image |
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