Archives of Maryland, Volume 0543, Page 0031b - Somerset County Judicial Records, 1760-1763

Somerset County Judicial Records, 1760-1763

                     June Court            1760            31
it Should happen that Judgment in the plea af^d. Should be Rendred for the Said Elijah Mathews Against the af^d.
James Smith or that he the Said James Should be therein Convict that then he the Said James Should pay or
Satisfie unto the af^d. Elijah the Judgment of the Court thereupon or Render his body in Execution of Such Judgment
to the Prison of the Sheriff of the County af^d. in Satisfaction thereof or that he the Said Robert Jenkins Henry
will do the Same for him &^c
      Whereupon the Said James Smith puts in his place William Hayward Gent. Attorney at Law
Against the af^d. Elijah Mathews of the af^d. plea
      And thereupon at the prayer of the parties af^d. day is to them now here given untill next
Court to be held at Princes Ann Town the third Tuesday of June then next following in the State that
now Saving to the parties af^d.
      Att which day here Came the parties af^d. by their Attorneys af^d. and hereupon the Said Elijah
Mathews Complained of the af^d. James Smith in the plea af^d. in form following
Somerset fs^t James Smith Late of Somerset County Planter was Attached to Answer unto Elijah Mathews of
A plea of trespass upon the Case and So forth    And Whereupon the Said Elijah by Litⁿ. Dennis his Att^y. Complains
that Whereas the Said James on the            day of            Anno Dom.              at the County af^d. was Indebted
unto the Said Elijah in the Sum of                      Cu^rt. Money of Maryland for the Sundry matters
And things in the Account hereto Annexed mentioned and So thereof Indebted being the Said James in Consideration
thereof Afterwards to wit the day and Year af^d. at the County af^d. upon himself did Assume and to the Said Elijah then &
there faithfully Promise that he the Said James the Sum of
           when he Should be thereto Afterwards Required would well and faithfully pay and Content Nevertheless
the Said James his Promise and Assumption af^d. in form af^d. made not Regarding the Sum of Money af^d. unto the Said
Elijah he hath not paid nor him for the Same in Any Sort Contented but that to do hitherto hath denyed and Still doth
deny Altho the Same to him to pay the Said James afterwards to wit the day and Year af^d. at the County af^d. and often Since
that time by the Said Elijah Required to the Damage of the Said Elijah Twenty pounds Cu^rt. Money of Maryland
And thereof he brings Suit and So forth                                                  Pledges &^c. J. Doe & R. Roe
      And the af^d. James Smith by his Attorney af^d. Comes and defends the force and Injury
when &^c. And Saith that he Cannot deny the Action af^d. of the af^d. Elijah Mathews nor but that
he did Assume upon himself in manner and form as the af^d. Elijah Above Against him hath
Complained and as to the Damage of the Said Elijah by him by Occasion of the premisses in that part
Sustained the Same James Saith and Acknowledgeth that the af^d. Elijah hath Sustained Damages by
Occasion of the Premisses beyond his Costs and Charges by him about his Suit in that part Apposed to
                                         Cu^rt. Money and not more and because the af^d. Elijah denys not this
but the Same Allegation Grants to be true prays Judgment for those damages above Acknowledged together
with his Costs and Charges af^d. to him to be Adjudged
      Therefore by Consent of the parties af^d. it is Considered that the af^d. Elijah Mathews
Recover Against the af^d. James Smith his Damages af^d. to the af^d.
           Cu^rt. Money by the Same James in form af^d. Acknowledged as also
246                  Pounds of Tobacco for his Costs and Charges af^d. to the Same Elijah at his Request by
the Court now here of the Assent of the parties af^d. Adjudged which Certain Damages in the whole Amounts to
                 Cu^rt. Money &                  Pounds of Tobacco and the af^d. James in Mercy &^c.

WH    Abraham Outen

v^s       Command was given to the Sheriff of Somerset County that he Should Take William

LD    W^m. Bradly    Bradley Jun^r. Late of Somerset County planter if he Should be found in his Bailywick and

him Should Safe keep so that he might have his body before the Justices of his Lordships County Court of Somerset
to be held at Princes Ann Town the third Tuesday of March Anno Dom. one thousand Seven hundred and Sixty
to Answer unto Abraham Outen of A plea of trespass upon the Case &^c. And the Same day is given to the af^d.
Abraham here &^c.    Att which day here Came the af^d. Abraham Outen by William Hayward his Attorney
And the Sheriff to wit John Dennis Gent. now here Returned that he had taken the af^d. W^m. Bradly whose body
here at this day he had Ready to Answer the af^d. Abraham Outen of the af^d. plea as to him it was Commanded
      Whereupon the Said William Bradly at the prayer of the af^d. Abraham Outen is Adjudged to give

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Somerset County Judicial Records, 1760-1763

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