Monmouth Pleas, Bloomfield Atty.

John Holmes & Solomon Ketcham       ads William Wikoff qui tam &c

}

Plea in Abatement by Elisha Walton &c

.....

Filed the 25: July 1780

......

Monmouth Inferior Court of Common Pleas

Of the Term of July in the Year of Our Lord, One Thousand Seven Hundred and Eighty

John Holmes & Solomon Ketchum       ads William Wikoff qui tam &c

}

Plea in Abatement &c

And Elisha Walton who is admitted by the Inferior Court of Common Pleas, held in and for the County of Monmouth, before the Judges of the same Court, to [Impade] and Answer to the Declaration of the aforesaid William Wikoff, as filed of Record in this Court against the aforesaid John Holmes and Solomon Ketchum) by Joseph Bloomfield his Attorney comes and defends the force and Injury, when &c, and prays Judgment of the said Declaration of the said William Wikoff (who as well &c) because the said Elisha says that after the Commencing the Original Writ of Capias Ad Respondendum in the above Cause, and before the exhibiting of the Declaration of the said William Wikoff, who as well &c to wit , On the                   day of               In the Year of Our Lord, One Thousand Seven Hundred and Seventy Nine, the said John Holmes and Solomon Ketchum, for reversing the Judgment given by John Anderson Esquire, the Justice whereof mention is made in the same Declaration, sued forth out of the Supreme Court of this State a certain Writ called a Certiorari for correcting Errors in the Record and Process, and also in giving that Judgment, Between Elisha Walton Plaintiff, and John Holmes and Solomon Ketchum Defendants, of and Concerning the Condemnation of certain Goods said to be brought from within the Lines of the Enemy, and whereof mention is made in the Declaration aforesaid, directed to the said John Anderson Esquire then and still being, One of the Justices Assigned to keep the Peace in the County of Monmouth aforesaid, and also to hear and determine divers felonies Trespasses and other Misdemeanours in the said County Committee-- By which said Writ, the said Justice was Commanded, that if Judgment in the said Cause, was thereupon then given, then he should cause the Record and Process of the said Plaint, with all Things touching the same,to come before the Justices of the Supreme Court of Judicature of the State of New Jersey at Hillsborough on the first Tuesday in September then next Ensuing, that the said Justices of the said Supreme Court, Viewing and Examining the said Record and Process, might cause further to be done therein, as of Right, and according to Law, should be meet to be done, By Virtue of which said Writ of Certiorari the said John Anderson Esquire, to wit, On the said first Tuesday in September, transmitted the Record and Process of the Plaint and Judgment aforesaid, with all things touching the Same before the Justices of the said Supreme Court of Judicature at Hillsborough aforesaid, And the Record and Process of the said Judgment still remain in the said Supreme Court; And the said Writ of Certiorari still remains undetermined in the same Supreme Court at Trenton, And the said Judgment is yet neither Affirmed nor Reversed, as by the Record thereof in the same Supreme Court of Judicature of the State of New Jersey at Trenton, before the Justices of the said Supreme Court, more fully appears. And this the said Elisha Walton is ready to Verify by the Record of the Judgment and Process aforesaid; Wherefore he prays Judgment of the Declaration of the said William Wikoff, who as well &c, And that the Same may be Quashed &c.

Jos. Bloomfield Atty
for the Said
Elisha Walton.--