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Dating fliort ua

8th ^* May 1704, the laid Martha' narried the &id Wi Uiap^ Donalfon ; and that after the iaid mar- da^e, xiz.

Whether a book is in the public domain may vary country to country. , That Jffig,fed wer f Stone^ in his declaratidn, had not made a profert in^ curiam of byhiitdm U I the letters of adminiftration ; and 2dl)\ That it did not appear n»ft«tr«j ' by whom adminiflrati* miffory note by the cuftom of merchants^ fo as to give the in- ? then and there paid by the faid Henry to the faid Charles ; which faid mare was then and there, at the time of the faid warranty and fale thereof, lame and unfound 'in the faid coffin joint of her faid off or right fore-leg, and hath always from tiience hitherto there fo remained and continued: and fo the faid Henry faith, that the faid Charles, on the day and year aforefaid, to wit, at Thetford aforefaid, in the county aforefaid, falfly and fraudulently deceived him the faid Henry. This is the whole of the evidence for the plaintiff. The Chief Juftice faid this was a very fair and candid witnefs ; that he gave both Wood and Smttk^ the plaintiff's witneffes, very good chara3ers: faid i\^i Smith was a man of knowledge and capa- city ; and that Flight, the firft of the plaintiff's witneffes, was an eminent man in his bufinefs. Where verdifts have been given contrary to evidence, or where th$^re hath been no evidence at all to {upport fuch verdi£ls, the court hath granted new trials ; but if there hath been a contrariety of evidence on both fides, the court hath never granted new trials, liotwith Aanding the judge before whom the caufe was tried hath been of opinion, that the ftrength and weight of evidence was againft the verdi3. And as to the refidue of the faid debt, the faid Thomas faith, that he by reafoa of any thing by the faid James and Simon in that plea alledged» ousht not to be barred from having his afbrefaid ai Elion in that reipe6l againft them, becaufe he fays, that he the faid Thomas, on the 14th day of February ^ in the 9th year of the reign of our Lord the now King, fued out his original writ againil the faid Tames and Simon: and that the faid James and Simon, on And Uxdm the day of futng out the faid original writ, had goods and chat- f^yti that on tels which were of the faid Richard Frampton, at the time of ^f ^ **^ his death, to the value of the refidue of the (aid debt in their tbl Toriginai hands to be adminiftered, over and above the faid goods and wrir, the de- clu Atcls fo confefled as aforefaid, wherewith the {^k Ajfames and ^'"^^** Siikon might and ought to have fatisfied the faid Thomas tht SJrtortodie lefidue ot the faid debt, to wit, at Yeovil aforefaid; and vitue'of the this he is ready tp verify, wherefore he prays judgment, **^"* ^ *^ and the refidue of his debt aforefaid, together witn his damages andabo H' by accafion of the detaining thereof, to be adjudged to him, the faid id* George Wilfon* Serjeant Burland moved to fct, the fourth replication afide, and Tji* 4* «- alledged tliat the plaintiff ought to have accepted of the 10/. Con» Mtc RAxui XB Tbim 10 Gfia IIL 176^ Concarning exprefs covenants^ and Govenants ia lair; anl which of them nm with the bmd, and whkk of tbcm are cd I« lat«rid and do not nio with the hmd; aad where the affignet flail be banfldwhhoat oamiiig hinkf and where not: and wnere Jie fludl aot be bound, ahfaoo^ that he be exprr&ly : Spencer's Cq/e^ j Rtp. Upon (hewing caufe, the Chief Juftice made his report; after dating tl\f two iffues as above, he laid the firft entirely out of the cafe, as being clearly with the defendant. And as to the plea of the faid Jams and Simon^ by them iecondly above plqaded in bar, the faid Thomas faith, that he, by reafon of any thing in that plea alledged, ouj^ht not ta be barred from having his aforefaid a£kion thereof againft them ; becaufc protefting that the faid Hdter did not deliver to the faid Thomas^ the faid writing obligatory and the faid deed or inilrument in that plea in that behalf mentioned in full fatisfa6fion and difcharge of the money due and owing to the faid Thomas on the faid bond now brought here into court, pro- teding alfo, that the faid (herif F, in that plea mentioned, did not caufe to be made of the goods and chattels of the faid Hefur^ the faid debt and damages in that plea mentioned : for replication in this behalf, he the faid Thomas fays, that he the faid Thomas did not receive and accept the faid writing obli* the bond and gatory and deed or inftrument, in that plea in that behalf men* c Snficfsjudg- ^ioned, of and from the faid Htftt Vy in full fatisfaftion and dif- jnent in iatic* tharge of the faid money, due, and owing on the faid writing faaion. ar- fpokmof aa reft of judgment ; alledging, that it was not a£lionable to fay of ^^Tj^ - an attorney he yras no lawyer, any more than to fay of an apothecary that he was no phyfician ; that it was no more ne- ceffary for an attorney to be a lawyer, than for an apothecary to be a phyfician. Refolrcdi the plaintiff could not come m at a crtdito Ti under the commiifion* the 14 Trinity Tb»i 8 Gio. IIL 1768- the marflial of the marflulfea, was charged in executioii Fer the debt of 65/.

and coils, and hath remained in prifon there ever fince : There is another count like this, upon a note payable the 4th of Auguft 1766, which came to the nands ol Cartwright and Smithy by indorfements, who arrefled the plaintiff thereon* held him to bail; he put in bail to that a3ion« was furrendered* and charged in execution, and is ftill in prifon; there are other counts in the declaration: And that defendants, not regarding their promifes, have not indemnified the plaintiff, to his dami^e» &c.

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