1778-06-19 (static/transcriptions/1778/06/021.jpg)

1778. 3 Term. [Friday] June 19.

Penalty should be, that if notice was not given the Plea should be disallowed: therefore Mr. Newman took nothing by his motion.
The Defendant had brought an action and had recover’d a Judgment in this Court against Mr. John Sumner, and Mr. Sumner had filed his Bill against the Defendant for releif in Equity against this Judgment, and to this Bill the Defendant in Equity, Plaintiff at Law, had pleaded that he was not subject to the Jurisdiction, and if this Plea is allowable the Court does injustice by suffering the Plaintiff at Law to recover a demand made contrary to Equity.
I observed this