Tuesday May 3d 1853
Court met pursuant to adjournment
Present the Hon. William A Forward Judge &c
Calvin Bryan } J.M. Robert Baker
vs } Tresspasss on the case
Charles F. Fitchett} OBrien
On this day came the defendant
by his attorney, and the plaintiff being three times solemnly call-
=ed came not, but made default, and it being shown to the
Court that no declaration had been filed in this case, on motion
of defendants Counsel it is ordered that this case be dismissed
for want of prosecution, Thereupon it is considered and ad-
-judged by the Court that the defendant do have and recover of
and from the said plaintiff the Sum of Five 20/100 dollars
for his costs in and about his Suit in this behalf expended,
and the plaintiff in mercy &c
N.B. & H. Weed } Erskine, Pearson
vs } Assumpsit
John Zawadski & Co } Mitchell
On this day came the Plaintiff by B.M.
Pearson Esqr. their attorney, and it appearing to the Court,
that no plea had been filed to the declaration in this case,
on motion of plaintiffs Counsel it is ordered that the plain-
tiffs do have a Judgment by default against the said defen-
=dants, and that the Clerk assess the damages and the
Clerk having assessed the damages at Two hundred & Twenty Seven
Dollars and ninety cents
Thereupon it is considered and adjudged by the Court that
the Said plaintiffs do have and recover of and from the
said defendants the Sum of Four Dollars & Sixty cents Two
hundred and twenty Seven dollars, and Ninety cents for their
damages on account of the non performance of the prom-
=ises and assumptions in the plaintiff's declaration mention=
=ed and the further Sum of Four dollars and sixty
cents for their costs in and about their Suit in
this behalf expended; and the defendant in mercy &c
Written in left margin:
Execution issued June 26th 1855
Robert Youngblood
Clerk
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