Volume 861, Page 86 View pdf image |
March
Court
1740
86 Att which day here Came again as well the af.d James Nairn as the af.d John Hall by their Attorneys af.d and whereupon the said John Hall as before defends the force and Injury when &c And says he is not Guilty of the trespass in the declaration of the af.d James set forth and of this he puts himself upon the Country &.c and the af.d James in like manner The Command is to the Sheriffe that he should Cause to Come here before his Lordships Justices at the next Court to be held at dividing Creek in and for the County aforesaid the third Tuesday of March then next Following Twelve &.a by whom &.a and who neither &.a to recognize &.a because as well &.a and the same day is given to the parties afd there &a Att which day here Came againe as well the aforesaid James Nairn as the aforesaid John Hall by their attorneys aforesaid and the Jurors of that Jury being Called some of them to witt Hutton Hill David Polk John Woolford Edward Rook Thomas Pollett George Tull Littleton Townsend William Gray and Richard Wallis came and were sworn upon that Jury and because the residue of the Jurors of that same Jury did not appear therefore others of the by standers are by the Sheriffe of the County af.d Elected and at the request of the af.d James Nairn and by the Command of the af.d Justices are newly putt on whose names to the pannell within written are affiled according to the form of the statute in such Case made and provided which same Jurors so newly putt on (to witt) Robert Mitchell William Laws & Peter Taylor being Called Likewise Came who to say the truth of the premisses af.d together with the other Jurors af.d before Impannelled and sworn being Elected tryed and Sworn and of there Verdict there upon by by the Court were Charged and between themselves to Commence from the barr here did recede and afterwards the same Jurors thereof between themselves agreed to their Verdict of and upon the premisses aforesaid render to the barr here returned upon which the aforesaid James Nairn altho' Solemnly Called Cometh not nor is his writt aforesaid against the said John Hall further prosecuted Therefore it is Considered that the aforesaid James Nairn and his pledges of prosecuting to witt John Doe and Richard Roe are in mercy and that the aforesaid John Hall goe thereof without day &.a Also it is Considered that the aforesaid John Hall recover against the aforesaid 904 James Nairn pounds of tobacco for his Costs and Charges by him about his defence in that part Sustained to the same John Hall by the Court here of his assent adjudged according to the form of the Statute in such Case lately made and provided and the said John Hall have thereof Execution
one thousand seven hundred and forty to Answer unto Francis Allen of a plea of trespass upon the Case &c And the same day is given to the af.d Francis here &c Att |
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Volume 861, Page 86 View pdf image |
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