Final Record Civil & State Circuit Court

1825 - 1826

Pages 258 - 288

Transcribed and authorized for use on this site by Milly Wright, August 2007.

Page 258

#1112
James L. Armstrong vs Wm. Whitsett ) Debt

The State of Alabama
to the Sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of William Whitsett wherever he may be found in your County and him safely keep so that you have his body before the judge of our next Circuit Court to be holden for said County at the Court house in the Town of Florence on the 1st Monday after the 4th Monday in September next to answer James L. Armstrong of a plea that he render to him one hundred & ninety two dollars & fifty cents which to him he owes & from him detains to his damage one hundred dollars, herein fail not, and have you this writ at the office of the Clerk of said Court three days previous to the 1st Monday after the 4th Monday in September next. Witness Presley Ward Clerk of our said Court 
at office the 12th day of August 1824 and of American independence the forty ninth year. Test P. Ward Clk. Issued 12th day of August 1824.

Cause of action to wit.
This action is founded on a writing obligatory executed by the defendant on the 22 May 1823 wherein he promised to pay the plaintiff on order on or before the first day of January 1824 one hundred & ninety two dollars & fifty cents for value received. No Bail required. D. Hubbard P. Q.

Return to wit.
I acknowledge service of the within writ & promise to go to trial in the same manner as if were endorsed. Executed by the Sheriff this 13th August 1824. Wm Whitsitt. Test M. C? MacKenzie.

Order to wit
At the October term of said court and being the 16th day of October 1824 Ordered by the Court that sixty days after the rise of this court be allowed plaintiffs to file their declarations and thirty days thereafter for defendants to file pleas etc.

Declaration filed 6th January 1825 to wit 


The state of Alabama Lauderdale County
Circuit Court October term 1824
James L Armstrong by his attorney complains of William Whitsett in custody etc. of a plea that he render to him one hundred & ninety two dollars & fifty cents which to him he owes and from him detains etc. For that said defendant on the 22 day of May 1823 in the County aforesaid made his writing obligatory of that date sealed with his seal & here 
shows to the court wherein he promised on or before the first day of January 1824 to pay the plaintiff on order one hundred & ninety two dollars & fifty cents for value received. Yet said defendant although often requested hath not at any time whatever paid said plaintiff said sum of $192. dollars & fifty cents but the same to pay hath hitherto failed & refused & still refuses to the plaintiff’s damage one hundred dollars wherefore he sues. D Hubbard P. Q. Deft pleads payment. George Coalter Atto.

On the trial Docket of said Court is wrote the following Judt by default for want of plea or demurrer 12th Sept 1825. D Hubbard P Q And said cause continued until this term to wit the April term and being the 11th day of April 1826. Came the plaintiff by his attorney & the defendant withdrawing his plea in this behalf is undefended. It is therefore considered by the Court that the plaintiff recover against the said defendant the sum of sixty nine dollars and twenty three cents the 
balance of the debt in the declaration mentioned together with the further sum of nine dollars 21 cents damages sustained by the plaintiff for the detention of said debt also his costs in this behalf expended.

Page 260

#1082
John D. Spain vs John Harris ) Covenant

The State of Alabama
To the sheriff of Lauderdale Greeting:

You are hereby commanded to take the body of John Harris wherever he may be found in your County, and him safely keep, so that you have his body before the Judge of our next circuit court to be holden for said County at the Court house in the Town of Florence on the first Monday after the 4th Monday in September next to answer John D Spain of a plea of 
Covenant broken to his damage one hundred dollars. Herein fail not and have you this writ at the office of the Clerk of said Court three days previous to the 1st Monday after the 4th Monday in September next. Witness Presley Ward, Clerk of our said Court at office the 21st day of August 1824 and of American independence the forty ninth year. Test P. Ward Clk. Issued 21st day of August 1824. This action of covenant is brought to recover damages of the defendant for failing to pay the Plaintiff fifty dollars in Tennessee or Huntsville Bank notes due by the defendant’s writing obligatory to the Plaintiff dated the 3rd day of July 1823 and made payable one day after the date thereafter. No Bail required. P. Ward Clk.

Return to wit.
Came to hand 21st August 1824. Executed 24th August 1824 by delivering a copy of the within writ to the defendant. J. N. Baker Shff By his deputy D. W. McKee

Order to wit
At the October term of said Court and being the 16th day of October 1824. Ordered by the Court that sixty days after the rise of this Court be allowed plaintiffs to file their declarations and thirty days thereafter for defendants to file pleas etc.

Declaration filed 12th February 1825 to wit. 


The state of Alabama Lauderdale County, Circuit Court term 1824.
John D. Spain by his attorney complains of John Harris in custody of the sheriff etc. of a plea of covenant broken etc.. For that whereas heretofore to wit on the 3rd day of July in the year of our Lord 1823 at to wit in the County aforesaid the said John Harris (Defendant) by his certain Covenant in writing signed with his name & sealed with his seal which is now here to the Court produced, covenanted, promised & bound himself one day after the date thereof as aforesaid to pay to the said plaintiff the sum of fifty dollars in Tennessee or Huntsville Bank notes either of which said kind of Bank notes said Plaintiff avers to have been at the time of the payment thereof & yet & from thence hitherto to be equal in value to the sum of fifty dollars. And the said plaintiff avers that after the making of said promise & Covenant as aforesaid by said defendant & after the said sum of fifty dollars in Tennessee or Huntsville money became due & was payable to wit 
at in the County aforesaid & according to the tenor & effect of said covenant, he the said defendant altogether failed & refused to keep & perform said covenant by him made as aforesaid but hath broken the same in this that is to say that he said defendant did not pay to said plaintiff the aforesaid sum of fifty dollars or any part thereof in Tennessee or Huntsville Bank notes or in Tennessee & Huntsville Bank notes or in either Tennessee or Huntsville Bank notes or in any other manner & means howsoever or in any kind of Money whatsoever; but altogether failed & refused so to do, & so the said plaintiff in fact says said defendant hath not kept & performed his said Covenant by him made as aforesaid according to the tenor & effect thereof but hath broken the same to the damage of the said plaintiff one hundred dollars 
& therefore he sues etc.. Wm. B. & P. Martin attos. for plf.. Oyer craved & covenant performed C(oalter) & Irvine atto for Deft.

Page 263


Plea
John Harris vs John D. Spain

And now said defendant by attorney comes and defends the wrong and injury when etc. and craves oyer of the writing obligatory in the plaintiff’s declaration mentioned which is read to him in words & figures following to wit “One day after date I promise to pay John D. Spain the sum of fifty dollars in Tennessee or Huntsville Bank notes as witness my hand and seal this 3rd day of July 1823. John Harris (his mark), which being read & heard said defendant says actio non etc. 
because he says that on the fourth day of July 1823 the day on which said writing obligatory became due & was payable said Huntsville & Tennessee Bank Notes therein specified were at a discount of twenty per cent which deducted from said sum in said writing obligatory specified and all interest thereon at the time of the commencement of this action 
will make the amount in controversy at the commencement of this action less than fifty dollars without this the said sum of fifty dollars in Tennessee or Huntsville Bank notes were worth at the time of payment thereof or from thence to the commencement of this action fifty dollars and this he is ready to verify wherefore he prays judgment and that said 
plaintiff may be barred from having, or maintaining his aforesaid action thereof against him etc.. Coalter & Irvine attos Pro. deft.

Demurrer
Martin for Deft. and said cause continued until this term to wit the April term and being the 10th day of April 1826. This day came the parties by their attornies & the plaintiff withdraws his demurrer to the defendant’s plea and suffers a non suit to be entered against him. It is therefore considered by the Court that the plaintiff be nonsuited & that the defendant recover against said plaintiff his costs about his defence in this behalf expended & depart hence etc..

 

Page 264

#1330
James Irvine Admr vs Geo. W. Stokes ) Debt

State of Alabama Lauderdale County.
This day personally appeared James Irvine administrator of the personal property of Hugh Hagarty deceased before me Presley Ward Clerk of the Circuit Court of said County & made oath that to the best of his knowledge & belief George W. Stokes stands justly indebted to the estate of said decedent of which he is Administrator as aforesaid in the sum of 
one hundred & forty four dollars due by note executed by said Stokes to said Hagarty deceased and that in a suit this day commenced on said note he does not require bail for the purpose of vexing or harrassing this defendant. 28th Febry 1825 James Irvine Test P Ward Clk

The State of Alabama Lauderdale County Greeting:
You are hereby commanded to take the body of George W. Stokes wherever he may be found in your County, and him safely keep, so that you have his body before the judge of our next Circuit Court to be held for the County of Lauderdale at the Courthouse in the Town of Florence on the first Monday after the fourth Monday in March next to answer James 
Irvine administrator of all & singular the goods & chattels rights & credits which were of Hugh Hagarty deceased of a plea that he render to him the sum of one hundred & forty four dollars which from him he unjustly detains to his damages one hundred dollars. Herein fail not and have you this writ at the Clerk’s office of said County three days previous to the first Monday after the fourth Monday in March next. Witness Presley Ward Clerk of our said Court at office this 28th day of February 1825 and of American independence the forty ninth year. Issued 28th day of March 1825. Test P. Ward Clerk.

Cause of action to wit.
This action is founded on a note of hand under seal executed by said defendant to Hugh Hagarty (by the discription of H. Hagarty, in his lifetime to wit on the 12th Novr. 1823 for the payment sixty days after date of one hundred & forty four dollars. Bail required for that sum as per affidavit filed in office of the Clerk of said Court. George Coalter atto pro. Qr.

Return to wit
Came to hand 2nd March 1825. Not found 31st March 1825 in my County. J. N. Baker shff by his Deputy D. W. McKee

The state of Alabama
To the sheriff of Lauderdale County Greeting.
You are hereby commanded as heretofore you was commanded to take the body of George W. Stokes wherever he may be found in your county and him safely keep so that you have his body before the Judge of our next Circuit Court to be held for the County of Lauderdale at the Court house in the Town of Florence on the first Monday after the fourth Monday in September next, to answer James Irvine Administrator of all and singular the goods & chattels rights & credits which were of Hugh Hagarty deceased of a plea that he render to him the sum of one hundred & forty four dollars which from him he unjustly detains to his damages one hundred dollars. Herein fail not and have you this writ at the Clerk’s 
office of said County three days previous to the first Monday after the fourth Monday in September next. Witness Presley Ward Clerk of our said Court at office this 26th day of April 1825 and of American independence the 49th year. Issued 26th day of April 1825. Test P. Ward, Clerk

Cause of action to wit.
This action is founded on a note of hand under seal executed by said defendant to Hugh Hagarty (by the discription of H Hagarty) in his lifetime to wit on the 12th Nov. 1823 for the payment sixty days after date of one hundred and forty four dollars. Bail required for that sum as per affidavit filed in the office of the clerk of said Court. George Coalter atto Pro Qr

Page 267


Return to wit. Came to hand 3rd May 1825 George W. Stokes not found this 28th of September 1825. M. Harkins shff by his deputy H. W. McVay At the April term of said Court and being the 14th day of April 1826 came the plaintiff by his attorney & dismisses his suit. It is therefore considered by the Court that the defendant recover against said plaintiff his costs in this behalf about his defence expended & depart hence, etc.

Page 267

 

#1209
Nelson P. Jones vs Turner Walston ) Covenant

The state of Alabama
To the sheriff of Lauderdale County Greeting:

You are hereby commanded to take the body of Turner Walston wherever he may be found in your County, and him safely keep, so that you have his body before the Judge of our next Circuit Court to be held for the County of Lauderdale at the Courthouse in the Town of Florence on the first Monday in March next to answer Nelson P. Jones of a plea of Covenant to his damages six hundred dollars. Herein fail not, and have you this writ at the Clerk’s office of said County three days previous to the first Monday after the fourth Monday in March next. Witness Presley Ward, Clerk of our said Court at office this 8th day of February 1825 and of American independence the forty ninth year. Issued 8th day of February 1825. Test P Ward Clerk Cause of action to wit.


This is an action of Covenant founded upon a writing obligatory executed by the defendant to the Plaintiff bearing date the 20th day of July 1821 by which he bound himself to pay to the said Nelson P. Jones fifteen thousand weight of good Merchantable seed cotton on or before the first day of January 1825. No Bail required. McKinley & Hopkins.

Return to wit.
Came to hand 12th Feby 1825
Executed 22nd Feby 1825 on the Defendant by delivering him a Copy of the within writ. J. N. Baker Shff by his deputy M. C. Young At the April term of said Court and being the 15th day of April 1825. On motion it is ordered that the time for pleading be extended and that sixty days from the rise of this Court be allowed plaintiff to file declarations in all cases returnable to the present term and thirty days thereafter to defendants to plead etc..

Declaration to wit.
State of Alabama Lauderdale County
Nelson P. Jones complains of Turner Walston in custody etc. of a plea of Covenant broken. For that whereas on the 20th day of February 1821 at ___ in the County aforesaid the said Turner Walston by his writing obligatory sealed with his seal & now to the Court here shewn the date whereof is the day & year aforesaid promised & bound himself to pay to the said Nelson P. Jones Fifteen thousand weight of good Merchantable seed Cotton on or before the first day January 1825. Yet the said Turner Walston although often requested so to do & particularly on the __ day of __ at his real place of residence in the County aforesaid hath not yet paid to the said Nelson P. Jones said fifteen thousand weight of good Merchantable seed cotton or any part thereof. So the said Nelson P. Jones says the said Turner Walston hath not kept & performed his said Covenant but to keep & perform his said Covenant with him the said Nelson P. Jones he the said Turner Walston hath wholly failed & refused & still doth fail & refuse to the damage of the said Nelson P. Jones $600. therefore he brings his suit etc. McKinley & Hopkins.

Page 269


Plea
State of Alabama Lauderdale County
March Term Circuit Court of Lauderdale County 1826. Turner Walston ats? Nelson P. Jones. And now said Turner comes and defends the wrong & injury when etc.. And says that the said Nelson P. Jones ought not to have and maintain his action aforesaid because he says that on the __ day of __ at to wit in the County aforesaid William H. Ragsdale by an original bill in Chancery filed in the said Circuit Court against Nelson P. Jones praying amongst other things that the said Nelson P. Jones should be restrained from collecting, and that the said Turner Walston be enjoined from paying and delivering said quantity of seed Cotton to the said Nelson P. Jones mentioned in the Covenant in said declaration. And by virtue of an order of the Judge of said Court directed to the Clerk thereof an injunction issued commanding the sheriff of said County to restrain and strictly to enjoin said defendant from paying over or delivering said seed Cotton contained in said Covenant mentioned in the plaintiff’s declaration aforesaid to him said Nelson P. until the maters and things in said bill 
filed in said Court should be heard and a decree had in said Court. And the defendant says that said injunction on the __ day of __ was duly served on him by the sheriff of said County on him said Turner Walston, defendant in this action. And he further says, that said injunction is not dissolved, nor is there any decree had in the premises aforesaid; on the contrary the same is still pending in said Court entirely undecided without this he has not kept and performed his covenant in said declaration mentioned and this he is ready to verify wherefore he prays judgment etc. Harris & Dawson attos. Pro Deft.

Page 270


Turner Walston vs Nelson P. Jones
Circuit court October term 1826.

And the said defendant by his attos comes & defends the wrong & injury etc. & says the plf. his aforesaid action to have & maintain ought not because he says that he the said Dft did pay to the said plf. at the time & place agreed upon the said quantity of fifteen thousand weight of Merchantable seed Cotton in the said covenant specified & of this he puts himself upon the Country. And the said defendant further says that the said Plaintiff his aforesaid action to have & maintain ought not because he says that on the 29th of July 1822 William A Ragsdale by his original Bill in Equity against Nelson P Jones defendant hath obtained from the Judge of our Circuit court for said County a writ of injunction in the words & figures following to wit

The state of Alabama
To the sheriff of Lauderdale County Greeting
Whereas William A. Ragsdale by his original Bill in Equity against Nelson P. Jones defendant hath obtained from the Judge of our Circuit Court for said County the writ of injunction against said defendant Turner Walston, Robert Sherrod, William Lassiter & Samuel Bryan & the said Ragsdale having given bond & security agreeable to the order of said Judge. You are hereby commanded to injoin the said Turner Walston, Robert Sherrod, William Lassiter & Samuel Bryan from paying over the sums hereinafter mentioned to with the said Samuel Bryan $949.30 due by note from Bryan to Jones the said Robert Sherrod & William Lassiter from paying over 20000 lbs seed Cotton or any part thereof & a note or notes executed to Edmund J Bailey & the said Turner Walston from paying over 48,000 lb seed Cotton secured by notes payable to Nelson P. Jones until the matters & things are heard & a decree made in our Circuit Court next to be held for the County of Lauderdale at the Court house in the Town of Florence on the 1st Monday after the 4th Monday in September next. 
Witness Presley Ward Clerk of our said Court at office the 29th day of July 1822 & of American independence the 47th year. J. Irvine D. Clk. Issued the 29th Test day of July 1822 for P. Ward Clk which the said defendant is ready to verify wherefore he prays Judgment if the aforesaid action ought to be had or maintained against him. Harris for Dft. And said cause continued until this term to wit the April term and being the 13th day of April 1826. Came the parties by their attornies & came also a jury of good & lawful men viz

Page 272

William Noel
Redding Womble
Robert Mitchell
Philip Wilkes
Daniel Buie
Hugh B. King
David Ellis
Abner Rose Jr.
James Foster
Goodwin Taylor
Chapple G. Chandler
James A McMahan

 

who being duly elected tried & sworn well & truly to try the issues joined upon their oath do say that they find the issues in favour of the plaintiff and assess his damages to four hundred sixty six Dollars. It is therefore considered by the Court that the plaintiff recover against said defendant the damages assessed by the jury as aforesaid and his costs in this behalf expended.

Page 273

#1210
Nelson P. Jones vs Turner Walston ) Covenant

The State of Alabama
to the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the Body of Turner Walston wherever he may be found in your County and him safely keep so that you have his body before the Judge of our next Circuit Court to be held for the County of Lauderdale at the Court house in the Town of Florence on the first Monday after the fourth Monday in March next to answer Nelson P. 
Jones of a plea of Covenant to his damages six hundred dollars. Herein fail not and have you this writ at the Clerk’s office of said County three days previous to the first Monday in March next. Witness Presley Ward Clerk of our said Court at office this 8th day of February 1825 and of American independence the forty ninth year. Issued 8th day of February 1825. Test. P. Ward Clerk.

Cause of action to wit.
This is an action of covenant founded upon a writing obligatory executed by the defendant to the plaintiff bearing date the 20th day of July 1821 by which he bound himself to pay to said Nelson P. Jones fifteen thousand weight of good merchantable seed Cotton on or before the first day of January 1824. No bail required. McKinley & Hopkins 

Return to wit.
Came to hand 12th Feby 1825 Feby 22nd 1825. Executed on the defendant by delivering him a Copy of the within write. J N Baker Shff by his deputy M. C. Young. At the April term of said Court and being the 15th day of April 1825. On motion it is ordered that the time for pleading be extended and that sixty days from the rise of this Court be allowed plaintiffs to file 
declarations in all cases returnable to the present term, and thirty days thereafter to defendants to plead etc.

Declaration to wit.
State of Alabama Lauderdale County
Nelson P. Jones complains of Turner Walston in custody etc. of a plea of covenant broken. For that whereas on the 20th day of July 1821 at __ in the County aforesaid the said Turner Walston by his writing obligatory sealed with his seal & now to the court here shewn the date whereof is the day & year aforesaid, promised & bound himself to pay to the said Nelson P. Jones fifteen thousand pounds of good merchantable seed cotton on or before the first day of January 1824. Yet the said Turner Walston although often requested so to do, & particularly on the __ day of __ at the usual place of residence of the said Turner Walston in the County aforesaid hath not yet paid to the said Nelson P. Jones said fifteen 
thousand pounds of good merchantable seed cotton, or any part thereof according to the tenor & effect of said writing obligatory so the said Nelson P. Jones says the said Turner Walston hath not kept & performed his said Covenant but to keep & perform the said covenant with him the said Nelson P. Jones he the said Turner Walston hath wholly failed & 
refused & still doth fail & refuse to the damage of him the said Nelson P. Jones $600. & therefore he bring his suit. McKinley & Hopkins

Page 275


Turner Walston vs Nelson P. Jones
Circuit Court October term 1825
And the sd Deft by his attorney comes & defends the wrong & injury etc. & says the plf. his aforesaid action to have & maintain ought not because he says that he the said Deft did pay to the sd plf. at the time & place agreed upon the said quantity of fifteen thousand weight of Merchantable seed cotton in the said Covenant specified & of this he puts himself upon the Country. And the said Dft further says that the sd plf. his aforesaid action to have & maintain ought not because he says that on the 29th of July 1822 William A. Ragsdale by his original Bill in Equity against Nelson P. Jones defendant hath obtained from the Judge of our circuit court a writ of injunction in the words & figures following. To wit.


The state of Alabama to the sheriff of Lauderdale County Greeting:
Whereas William A. Ragsdale by his original Bill in Equity against Nelson P. Jones defendant hath obtained from the Judge of our Circuit Court for said County the writ of injunction against said defendant Turner Walston Robert Sherrod William Lassiter & Samuel Bryun & the said Ragsdale having given bond & security agreeable to the order of said Judge. You are hereby commanded to enjoin the said Turner Walston, Robert Sherrod William Lassiter & Samuel Bryun from paying over the sumsherein after mentioned, to wit the said Samuel Bryun from paying over $949.30 due by note from Bryun to Jones the said Robert Sherrod & William Lassiter from paying over 20000 lbs seed Cotton or any part thereof on a note or notes Executed to Edmond J. Bailey & the said Turner Walston from paying over 48,000 lb seed Cotton secured by notes 
payable to Nelson P. Jones until the matters & things are heard and a decree made in our Circuit Court next to be held for the County of Lauderdale at the Court house in the Town of Florence on the 1st Monday after the 4th Monday in September next. Witness Presley Ward Clerk of our said Court at office the 29th day of July 1822 & of American independence the 47th year. Test J. Irvine D. Clk. for P. Ward Clk. Issued 29th day of July 1822. which the said defendant is ready to verify wherefore he prays Judgment if the aforesaid action ought to be had or maintained against him. Harris.

State of Alabama Lauderdale County. March term of the Circuit Court of Lauderdale County A.D. 1826


Turner Walston vs Nelson P. Jones

And now said Turner comes & defends the wrong & injury when etc. And says that the said Nelson P. ought not to have and maintain his action aforesaid against him said Turner because he says That on the __ day of __ at __ to wit in the County aforesaid William H. Ragsdale by an original bill in chancery filed in the said Circuit court against Nelson
P. Jones praying amongst other things that the said Nelson P. Jones should be restrained from collecting and the said Turner Walston be injoined from paying & delivering said quantity of seed cotton to the said Nelson P. mentioned in the Covenant in said declaration. And by virtue of an order of the Judge of said Court directed to the Clerk thereof an injunction issued commanding the sheriff of said County to restrain & strictly to enjoin said defendant from paying over or delivering said seed cotton contained in said Covenant mentioned in the plaintiff’s declaration aforesaid to him said Nelson P. untill the matters & things in said Bill filed in said Court should be heard and a decree had in said Court. And the defendant says that said injunction was on the day of __ duly served on him said defendant by the sheriff of said County. And he further says that said injunction is not dissolved nor is there any decree had in the premises aforesaid, on the contrary the same is still pending in said Court entirely undecided & undetermined. Without this he has not kept & performed his covenant in said Declaration mentioned. And this he is ready to verify. Wherefore he prays judgment 
etc. Harris & Dawson, attos. pro. Deft. And said cause continued until this term to wit the April term and being the 15th day of April 1826. Came the parties by their attornies & came also a Jury of good & lawful men to wit

Page 278

William Noel
Redding Womble
Robert Mitchell
Philip Wilkes
Daniel Buie
Hugh B. King
David Ellis
Abner Rose Jr.
James Foster
Goodwin Taylor
Chapple G Chandler
James A McMahan

 

who being duly elected tried & sworn well & truly to try the issues joined upon their oath do say that they find the issues in favour of the plaintiff & assess his damages to four hundred & forty three dollars seventy five cents. It is therefore considered by the Court that the plaintiff recover against sd defendant the damages assessed by the Jury as aforesaid also his costs in this behalf expended.

Page 278

#1217
Aaron Lancaster vs John Maxcey ) Trespass

The state of Alabama Lauderdale County
This day came Aron Lancaster before me the undersign Clerk of the Circuit Court for said County and makes oath that he has received damages to the amount of three hundred dollars by reason of being falsely imprisoned by John Maxcey and that he does not require bail for the purpose of vexing or harrassing the said John Maxcey. Aaron Lancaster. Subscribed & sworn to before me this 21st day of Febry 1825. P Ward Clk

The state of Alabama
To the Sheriff of Lauderdale County Greeting:
You are hereby commanded to take the boyd of John Maxcey wherever he may be found in your County, and him safely keep, so that you have his body before the Judge of our next circuit Court to be held at the Court house in the Town of Florence on the first Monday after the fourth Monday in March next to answer Aron Lancaster of a plea of Trespass false 
imprisonment to his damages five hundred dollars. Herein fail not and have you this writ at the Clerk’s office of said County three days previous to the first Monday after the fourth Monday in March next. Witness Presley Ward Clerk of our said Court at office 21st day of February 1825 and of American independence the forty ninth year. Issued 21st day of February 1825. Test P. Ward Clerk

Cause of Action, to wit
This action is brought to recover damages of the defendant for false imprisonment of the plaintiff. Bail is required for the sum of three hundred dollars per affidavit of the Plaintiff filed in my office. P. Ward Clk. I hereby authorise John Still to serve this Writ according to the commands thereof. Given under my hand this 21st day of February 1825. J. N. Baker Shff of Lauderdale Cty

Came to hand 21st February 1825. Executed on the defendant 28th Feby 1825 by delivering him a copy of the within Writ. J. N. Baker shff by his deputy John Still. Know all men by these presents that we John Maxcey, William Hickman are held and firmly bound unto Jos N. Baker Sheriff of Lauderdale County or his assignment in the just and full sum of six hundred Dollars lawful money of the state, to which payment well and truly to be made we bind ourselves and each of our heirs firmly by these presents. Sealed with our seals and dated the 28th day of February 1825. The condition of the above obligation is such that the said William Hickman hath undertook in behalf of the said John Maxcey to be his special bail in an action now instituted in the Circuit Court of said County of Lauderdale wherein Aaron Lancaster plaintiff and John Maxcy defendant and in case said John Maxcey should be cast in the action, he shall pay and satisfy the condemnation of the Court, or surrender his body in custody of the sheriff of said County or that the said William Hickman will do it for him. Given under our hands and seals this day and date above written. John Maxcy William Hickman

I Joseph N. Baker Sheriff of the County of Lauderdale do hereby assign the within obligation and condition to Aron Lancaster his Executors and Administrators to be sued for according to the statue in such cases made and provided. In witness whereof I have hereunto set my hand and seal this 30th March 1825. J. N. Baker Shff by his deputy John Still.

At the April term of said Court and being the 13th day of April 1826 Came the plaintiff by attorney who consents to take a non suit. It is therefore considered by the Court that the said suit be dismissed, and that the defendant recover against said plaintiff in this behalf expended and hereof discharged.

Page 281

 

#1399
Fox & Bourland vs Daniel Job(e) ) Case

 

The state of Alabama Lauderdale County
This day came Abraham Fox one of the partners of the firm of Fox & Bourland and makes oath that Daniel Jobe stands justly indebted to them in the sum of fifty nine dollars 18 3/4 cents due to them by account and that they the said plaintiffs do not require bail to vex or harrass said defendant but to secure their debt. Abraham Fox Subscribed & sworn to before me this 15th December 1825. P Ward Clk.

Capias
The state of Alabama
To the Sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of Daniel Job wherever he may be found in your county, and him safely keep so that you have his body before the Judge of our next Circuit Court to be holden for said county at the Court house in the Town of Florence on the 1st Monday after the 4th Monday in March next to answer Abraham Fox and Ballis E Bourland Merchants, partners and traders, trading under the firm and stile of Fox and Bourland of a plea of trespass on the case to their damage two hundred dollars. Herein fail not and have you this writ at the office of the Clerk of said county three days previous to the 1st Monday after the 4th Monday in March next. Witness Presley Ward Clerk of our said Court at office the 15th day of December 1825. Test P. Ward Clk.

Cause of action to wit.
This action is founded on an account, by which it appears that the said defendant is indebted to the said plaintiffs in the sum of fifty nine Dollars and eighteen and three fourth Cents which is due and unpaid. Bail is required for said sum as per affidavit filed in the Clerk’s office. B. W. Edwards pro. plffs.

Return
Came to hand 15 December 1825. Executed the same day & copy of the within delivered to the defendant & received my feays. M Harkins Shff. At the April term of said Court and being the 15th day of April 1826. Came the plaintiffs by attorney & say they are unwilling further to prosecute their suit in this behalf nor is the same further prosecuted. It is therefore considered by the Court that this suit be dismissed that the defendant recover against the plaintiffs his costs about his defence in this behalf expended & depart hence etc.

Page 283

#1397
H. Anderson & Co vs Hezekiah McDole ) Case

The state of Alabama Lauderdale County
This day came Henry Anderson before me Presley Ward Clerk of the Circuit Court for said County and makes oath that Henry Anderson and George A Pynchon trading under the firm of Henry Anderson & Co that they have sustained damages to the amount of eight thousand Dollars on account of certain goods wares and Merchandise which was delivered to sd defendant by the plaintiffs and which he fails or refuses to pay or deliver said plaintiffs. Bail is not required for the purpose of vexing or harrassing said Defendant but to secure the damages aforesaid. Henry Anderson subscribed & sworn to before me this 8th day of Nov. 1825 P. Ward Clk.

Capias
The state of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of Hezekiah McDole wherever he may be found in your County, and him safely keep so that you have his body before the Judge of our next Circuit Court to be holden for said County at the Court house in the Town of Florence on the 1st Monday after the 4th Monday in March next to answer Henry Anderson and George A. Pynchon Merchants trading under the firm of H. Anderson & Co. of a plea of trespass on the case to their damage Ten thousand Dollars. Herein fail not and have you this writ at the office of the clerk of said County three days previous to the 1st Monday after the 4th Monday in March next. Witness Presley Ward clerk of our said Court at office 
the 8th day of November 1825 and of American independence the fiftieth year. Issued 8th November 1825. Test P. Ward Clk

Return to wit.
Came to hand Nov. 29th 1825. Executed the same day and Copy delivered him of the within writ & defendant in Custody. Proceedings stayed by plaintiff and cost paid 15 March 1826 & Recd my fease. M. Harkins Shff

* Cause of action to wit.
This action is brought to recover of the within defendant damages sustained by the within plaintiffs on account of certain goods wares and Merchandise delivered by the said plaintiffs to the defendant and which he fails to pay or deliver to them. Bail is required for the sum of eight thousand dollars. Sworn to by Henry Anderson as per affidavit. Filed in my office for said sum. P Ward Clk

At the April term of said Court and being the 15th day of April 1826. Came the plaintiffs by attorney & say they are unwilling further to prosecute their suit in this behalf nor is the same further prosecuted. It is therefore considered by the Court that this suit be dismissed & that the defendant recover against the plaintiffs his costs about his defence in this behalf expended & depart etc..

Page 285

#1079
Alexander Barker vs Nathan Boddie ) Case

The State of Alabama
To the sheriff of Lauderdale County Greeting:

You are hereby commanded to take the body of Nathan Boddie wherever he may be found in your County and him safely keep, so that you have his body before the Judge of our next Circuit Court to be held for Lauderdale County at the Court house in the town of Florence on the first Monday after the fourth Monday in September next to answer Alexander Barker of a plea of Trespass on the case to his damage five hundred dollars. Herein fail not and have you this writ at the Clerk’s office of said Court three days previous to the first Monday after the fourth Monday in September next. Witness Presley Ward Clerk of our said Court at office this 5th day of August A.D. 1824 & forty ninth year of American independence. Issued 5th day of August 1824. Test P. Ward Clk.

Cause of action to wit.
This is an action of a assumpset founded on a promissory Note made by the defendant (Boddie) payable to the plaintiff on demand the 1st day of January 1824 & dated 27th July 1824 payable as expressed in Common current money (in common currency) the whole of which is due & unpaid. No Bail required. Wm B.& P. Martin attos for plf.

Return to Wit
Came to hand August 5th 1824. Executed 10th August 1824 and delivered a Copy of the within to the defendant. J.N. Baker Shff by his deputy D. W. McKee.  (Note in margin): At the October term of said Court and being the 16th day of October 1824. Ordered by the Court that sixty days after the rise of this Court be allowed plaintiffs to file their declarations and 
thirty days thereafter to defendants to file pleas etc.. Declaration filed 12th Feb. 1825 to wit. 

 

The state of Alabama Lauderdale County Circuit Court __ Term A D 1824 Alexander Baker by his attorney complains of Nathan Boddie in custody etc. of a plea of trespass on the case etc for that whereas heretofore to wit on the 27th day of July in the year of our Lord 1824 at to wit in the County of Lauderdale aforesaid the said defendant (Boddie) made his 
certain promissory note in writing, his own proper name being thereto subscribed bearing date the day & year last aforesaid & thereby then & there promised to pay to the said plaintiff the sum of two hundred & fifty eight dollars & 67 cents Common current (thereby meaning common currency) of this County aforesaid on demand the first day of January 
1824 (thereby meaning that said sum of two hundred & fifty eight dollars & 67 Cents was & had been demandable & payable the 1st day of January 1824 & then & there to wit on the said 27th day of July 1824 in said County delivered said promissory note to the said Plaintiff, which said promissory note is now here to the Court produced. By means whereof & by force of the statutes in such cases made & provided the said defendant then & there became liable to pay to the said Plaintiff the said Sum of Money in said promissory note specified according to the tenor & effect of said promissory note & being so liable he the said defendant in consideration thereof afterwards to wit on the day & year last aforesaid at to wit in the County aforesaid undertook & then & there faithfully promised the said plaintiff to pay him the said sum of money in said promissory note specified according to the tenor & effect thereof. Yet the said defendant not regarding his said promise & undertaking by him made as aforesaid, but contriving & fraudulently intending craftily & subtilly to deceive & defraud the said plaintiff in this behalf hath not as yet paid to said plaintiff the aforesaid sum of Money in common currency of said County or otherwise howsoever as in said promissory note Specified according to the tenor & effect thereof although often requested so to do, but to pay the same, or any part thereof to the said plaintiff hath hitherto wholly failed & refused & still doth refuse to the damage of said plaintiff five hundred dollars & therefore he brings his suit etc. Wm. B & P. Martin attos for plf.

And said cause continued until this term to wit the April term and being the 10th day of April 1826. This day came the plaintiff by his attorney & the defendant saying nothing in bar or preclusion of the plaintiff’s action against him It is therefore considered by the Court that the plaintiff recover against said defendant Judgment by default. That a jury be forthwith empannelled to enquire of damages in this cause whereupon came a jury of good & lawful men to wit
 

Page 288

William White
Charles Best
Nathan Wommack
John S. Allen
John Holtsowser
James Hutton
Anthony Armstead
James Penny
Jesse Winborn
Jessee T. Scruggs
William Lassiter
Henry Mitchell

who being duly elected tried & sworn well and truly to enquire of the plaintiff’s damages in this cause, upon their oath do say, that they assess the damages of the plaintiff to two hundred & fifty five dollars. It is therefore considered by the Court that the plaintiff recover against said defendant the damages aforesaid assessed by the jury as aforesaid, also his costs in this behalf expended etc.