Volume 862, Page 283 View pdf image |
November Court Anno Domini 1747
(283) At which day to wit the Second Tuesday in August aforesaid Comes here as well the said Samuel as the said Francis by their attorneys aforesaid and the s.d Francis by his said attorney prays further leave thereof to Imparle hereto until the Next Court to be holden at Charles Town on the Second Tuesday in November and he hath it and the same day is given to the same Samuel here &C.a And now here at this day to wit the Second Tuesday in November aforesaid Comes as well the said Samuel by his attorney aforesaid as the aforesaid Francis by his attorney afs.d and the same Francis defends the force & Injury when &C.a and prays Judgment of the Declaration afs.d and the matter in the same Contained be not Sufficient in the Law to have the action of him the said Samuel against the said Francis to be maintained to which the same Francis hath no Necessity nor so bound by the Law of the Land in any manner to answer and this he is Ready to Aver Wherefore for want of a Sufficient Declaration in this particular the same Francis prays Judgment of that Declaration and that Declaration may be stayed &Ca And the aforesaid Samuel saith that for any thing before alledged the Declaration of him the said Samuel aforesaid ought not to be stayed because he saith that the Declaration aforesaid And the matter in the same Contained are good and Sufficient in the Law to maintain the aforesaid action of him the said Samuel and against the said Francis which said Declaration & the Matter in the same Contained the same Samuel is Ready to Justify & prove as far as the Court shall think proper and Expedient and because the afores.d Francis hath not answered to that Declaration nor the same hitherto hath any way Denied the same Samuel prays Judgment and his Damages by occasion of the Premises to be adjudged to him &Ca Whereupon which the Record and Matters afs.d being seen & by the Court now here fully understood and all and Singular the Premises being Examined and mature Deliberation being had thereupon for that it Seemed to the Court that the Declaration aforesaid of him the said Samuel and the matter in the same contained are not good and Sufficient in Law for him the said Samuel to have and maintain his action afs.d against him the said Francis It is therefore Considered |
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Volume 862, Page 283 View pdf image |
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