July 1803 Walker's Devisees v. Semple & Slater, etc. v. Griffin, etc.
CWF Rockefeller Library, Special Collections - SCMS1931.8
v
Semple &c }
The plaintiffs by their Counsel appear-
-ed on the
Day of July, being before the
day for that purpose mentioned in the
order of the Day of last, to
then cause why their Bill should not
stand dismissed, agreeably to that order
and having given satisfactory reasons
to that effect, it is this Day of July
in the year of our Lord one thousand
eight hundred and three [illegible]
[decreed], and ordered, that the order afore-
-said be set aside, and made void, that
the cause do retain its place on the Doc-
-ket, that the same be continued in that
situation, and that commissions be award-
-ed to the Parties to take what Depositions
they may think proper, between this, &
the first Day of next Term, they giving
each other lawful Notice of the times
and places of taking the same, and that
both Parties be at liberty to file whatever
exhibits they may Judge proper, to have
such effect as Testimony in the Cause, as
they may be entitled unto, agreeably to the
Principles of Equity.
Slate &c
v
Griffin &c }
This cause came on this Day of July
on the Bill, and Demurrer thereto by the
Defendant Griffin, the executor of Powel
not having entered his appearance, and
was then argued by Counsel, and the same
being maturely considered by the Court,
it is decreed and ordered, that the said Demúr-
-rer be overruled, and that the Defedents
do answer over to the Bill of the Complai-
-nants. And further on the motion of the plffs by Counsel and for good Cause shew-
en to the Court, it is considered, that com-
-missions be issued to both Parties if require-
-ed, to enable them to take such Depositions
to be read in Evidence in the cause, as
they may judge proper, either within
this Commonwealth or else where they
giving to each other legal Notice of the
Time and places when, and where such
Depositions are to be taken.
John Warden conceiving from what
the Judge has said to him, that Decrees
of the above purport are agreeable to
him, in the causes above mentioned,
will thank Mr
Anthony Robinson for
proposing the above to him, as forms,
which would be agreeable to the wishes
of the said John Warden, if they are
not contrary to the opinion of the Judge,
or, in any wise, conflicting with his Ideas
of Equity.
Mr
Robinson having heretofore applied
to John Warden respecting matters of
form, is the sole cause why John Warden
has offered these; except that he wishes to
save time from being consumed by useless
discussions in Court.