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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 646   View pdf image (33K)
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646 MARYLAND COURT OF APPEALS

Whereupon all and Singular the Premisses being by the Court here Seen
heard and fully Understood and Mature Deliberation thereupon had for that
it Seems to the Court here that the Afsd Roger Mathews hath Above in his
rejoynder Pleaded Alledged Sufficient matter in Law to Barr the Aforesd at-
torney Generall for the said Lord Propry from having his Action Aforesd agt
him the said Roger Mathews. Therefore it is [845] Considered by the Jus-
tices here the Twenty first Day of May Anno Dom: 1728 aforesaid That the
said Michael Howard his Lordships Attorney Genll Who for his Lordship
Prosecuteth take Nothing by his Writt Aforest And that the said Roger
Mathews go thereof Without Day etc:

Afterwards in the same Court or Term Ariana Bordley Ex* as Afsd Prays
An Appeal from the Judgment of this Court in the Premisses Afsa to the High
Court of Appeals Which is Granted her and ordered that the Record thereof
be Transmitted Accordingly.

In Testimony that the aforegoing is A true Copy taken from the Rec-
ords of the Provtt Court the seal of the said Court is hereunto Affixed this
i8th Day of June Annoque Dom: 1728. [seal]

Per Vachel Denton Ctk Cur: Provin

Afterwards To Witt on the said 2a Day of July Anno Dom: 1728 Before
his Lordships Court of Appeals and Errors at the City of Annapolis Comes
MichH Howard Esqr his Lordships Attorney Genll Who for the said Ariana
Bordley Afd Sayth That in the Record and Process afsd as also in rendering
the Judgment Afsd It is Manifestly Erred in this that by the record Afsd
it Appeareth that the Judgment Afsd was rendered for the aforesd Roger
Mathews Against the Same Lord Propry Whereas by the Law of the Land
that judgment Ought to have been rendered for the Afsd Lord Propry agl
the said Roger Mathews. It is Erred also in this That Whereas by the Rec-
ord Afsd it Appeareth that the Judgment Afsd was Rendered That the Afsd
Roger Mathews Should go thereof without Day Nevertheless Judgment
should have been Rendered, that the said Lord Propry Should Recover
Against the said Roger Mathews the Debt Afsd and the Damages Occasioned
by Detaining the Same Debt, Therefore it is therein Manifestly Erred, And
the Same attorney General Prayeth that for those Errors and other Errors in
the Record and Process afsd Appearing, the judgment Afsd may be Reversed
Annulled and altogether held for none, And that as well the Aforesd Lord
Propry As the said Ariana Bordley to all which they have Lost by Occasion
of that Judgment may be Restored, And that Such Judgment May be Ren-
dered in this Court for the said Lord Propry as by the Law of the Land
Ought to have been Rendered for the same Lord Propry Against the said
Roger Mathews in the said Provinciall Court, And that the afsd Roger Math-
ews to those Errors May Rejoyne etc- M FTowarH


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 646   View pdf image (33K)
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