Long's Lessee v. Pellett

At May term, 1776, the appeal was dismissed, in the. Court of Appeals, with costs to the appellee. ⁵³⁴ Note. On the first docket after the new organization of the Court of Appeals, (Llay term, 1779,) the above action appears, and is entered, continued until October, 1781, when the appellee filed the following memorial, viz : To the Honourable the Judges of the High Court of Appeals. “ The memorial of Robert Long humbly sheweth, that “ your memorialist, some years since, commenced an action “ of trespass and ejectment against a certain William Pellett “ and others, in the late Provincial Court, on which he ob- “ tained a verdict and judgment. That the defendant filed “ an exception, and prayed an appeal from the said judg- “ ment, to the High Court of Appeals, which appeal was “ afterwards dismissed, and the said dismission confirmed u hy sundry acts of the legislature.

Your memorialist, “ therefore, conceives that the Court of appeal have no “ power or authority to proceed in the matter aforesaid, and “ that any further prosecution of the said appeal would be “ a manifest infraction of the acts of Assembly passed for “ your memorialist’s relief. He therefore begs leave to “ except to the jurisdiction of the said Court, for the cause “ aforesaid, and to all proceedings on the said appeal, and “ requests that the Court will take no further conusance. “ thereof. Rob. Long.” The act of March, 1780,