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Ruth: Freedom Suit, Montgomery County (Part 1 of 5)

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Ruth et al vs. Sallust Trespass

Be it remembered that on this day to wit the 7th day of May 1817: this cause being called, the defendant declared his readiness for a trial, the Plaintiffs, thereupon, suffered a nonsuit, and moved the court to set aside the same instances, upon the ground that Allen Taylor, Esqr. who was their attorney had not had their witnesses summoned and who upon the calling of the cause stated to the court that he did not have the witnesses subpoen'd. because he supposed that on the pleadings were not made up nor would be made up untill [until] the present term that he could not [rule?] the defendant to trial at this term; the plaintiffs therefor insisted that they were taken by surprise, this was all the evidence that was given to them surprise There was no evidence given to them who move the mistakes or that they would be material except Thomas Goodson who as the counsel for plt. stated would be material if they were summoned. The defendant objected to the court setting aside this nonsuit, but the court setting aside the nonsuit and directed the cause to be again placed upon the docket