Now at this day come again the parties aforesaid by
their respective attornies and the Court here being now fully
advised of and Concerning the promises consider that the Judgment
aforesaid in form aforesaid, by the said Circuit CourtCircuit Court rendered,
be revised and for nought held and esteemed and the court
here proceeding to give such judgment as the Circuit CourtCircuit Court ought
to have rendered, in the promises, do the think fit to order and
adjudge, and it is accordingly ordered and adjudged that
the said MillyMilly ought to be and is free, and is is further con
sidered that the said MillyMilly recover against the said StephenStephen Smith
SmithStephen Smith her costs, and charges by her about her prosecution in
the Circuit CourtCircuit Court and of her which of error in this behalf
expressed and that she have thereof execution.
Thereupon the defendant by his attorney moves the court for
a rehearing in this case and files his reasons therefor, whereof
on the judgement in this case is set aside and a rehearing
is granted, and the cause continued to the next term, of this
court