Nathan Linton vs Littleton Sterling 20 October 1797

Nathan Linton vs Littleton Sterling 20 October 1797 - Transcribed by Gail M. Walczyk
Spelling remains the same.
Pleas at the Courthouse of the County of Accomack before the Honble the Judges of the District Court holden at the said Courthouse the twentieth day of October in the year of our Lord One thousand Seven hundred and ninety Seven.
Be it remembered that heretofore to wit at rules held by the Clerk of the said Court at the Courthouse the twenty first day of January in the Year Seventeen hundred and ninety Seven came Nathan Linton by John Wise his attorney and brought into the said Court his certain Bill against Littleton Sterling in Custody & of a plea of Trespass on the Case and tere were pledges to proscute to int. John Doe and Richard Roe, which Bill follows in these words to [-----] Accomack County to int. Nathan Linton complains of Littleton Sterling in Custody &. so forth for this to wit: That whereas the said Nathan Linton the Plainiff is a good, true, honest & faithful citizen fo Virginia and as such, from the time of his Birth [-----] hath behaved & carried himself and reputed to be of good name, condition & conversation and free from any crime, and particularly from the crime of felony Never the less the said Littleton Sterling the Defendant, well knowing the premises & maliciously contriving to deprive the plaintiff of his good name credit & reputation as afsd and to subject him to the penalies of the law and to being him into infamy and disgrace on the __ day of _____ in the year od our Lord ____ at the Parish of Accomack in the County aforesaid falsely and Maliciously related, spoke, published, proclaimed and with a loud voice pronounced these fiegned, scandalious and opprobrious words following of and concerning the Plaintiff in the presence and hearing of devers good and honest People of the Commonwealth of Virginia to wit: purporting and meaning that the said Nathan the Plt had marked a certain hacks heifers & was obliged to run away from the County for it & leaave his Crop (meanign thereby that the Plt had one it with felonious intent) by reason of the speaking and publishing of which the said fiegned, scandalious, and opprobrious words by the Defendant of and concerning the Plt as aforesaid, the plaintiff had the great infamy and scandal of the hurtful and wicked crime of felony among very many veneralbe and creditable persons with whom the plaintiff was before in great honour & esteem, and the plaintiff is further in danger of a procution under the laws of the Commonwealth to the damage of the Plaintiff three hundred pounds, and therefore he brings suit so forth. and the said Defendant at the the duly arrested & solumnly called came not, but made default. Therefore it was considered by the Court that the Plaintiff recover against the said Defendant the sum of three hundred pounds his damages in the declaration mentioned & the Costs unless the said Defendant should appear at the tne next rules and answer the Plt action, the same day & And at tules held by the said Clerk at his office the 21st day of Feburary last past came the Plt, by his Attorney and the said Defendant and altho again solumnly called came not but still made default. Therefore It was cinsidered by the Court that the Plt recover against the said Defendant aforesaid, and his Costs in the behalf expended, but because it was unknown to the Court what damages the Plt hath sustained by reason of the premises It was ordered that the same by inquired into by the Oaths of twelve good and lawful men of this District at the next Term. And Now at this day to wit at a District Court held at Accomack Courthouse the seventeenth day of October in the year of our Lord Seventeen hundred and ninety seven came the Plt by his Attorney and thereupon also a Jury to wit: Levin Gray, Elijah Watson, Geo. Bunting, Tully Lilliston, John Cropper Senr, John Majors, John Bull jr, Golden Ward, Littleton Ward Senr, Zorob Laylor, Jacob Lilliston, and Zorob Mason who being elected tryed and sworn well and truly to inquire of the damages in this suit, upon their Oaths did say that the Plt hath sustained damages by occasion of the Defts speaking the said words in the Declaration mentioned to Five pounds. Therfore it was concidered by the Court the Plt recover against the said Defendant the sum of Five pounds the damages afsd by the Jurors in form afsd and his Costs in this behalf and the said Deft may be taken.

Plts Costs
Clks 5.92 Cents
Shf 2.10
Witns 6.08
Atty 2.50
Tax 1.00
Total 17.60

Teste
Edmund Bayly CDC

Sources:

_____. Accomack County Virginia Complete Records District Court 1794-1797, pp. 435-435.

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